Legal Question in Family Law in New York
Pensions & Inheritance during separation and/or divorce
My wife and I are headed towards separation with "intentions" to divorce. I assume that the pensions we have each been building to this point are shared property. My question is about the status of pension funds that accumulate during a period of separation, assuming we do divorce. A similar question about inheritances: we each stand to inherit a reasonably large sum in the next few years. If this happens either before or during the separation period, what is the status of the inheritances? Thank you.
1 Answer from Attorneys
Effect of Separation on Pension
You need to put the separation into a formal form - ie: a separation agreement or decree. That will toll the items you discussed - and it should be written to that effect.Good luck!