Legal Question in Family Law in New York

Re: pensions

In New York you are immediately entitled to the "marital portion" of any pension from your spouse. The marital portion is a share of the earned pension during the period of the marriage.Therefore, the shorter the marriage - the lower the marital portion. Life insurance benefits are a different story - since the beneficiary can be changed. That issue becomes one that is more fact specific. For example - if child support is involved you want to have the judgment read that the insurance will name the receiving spouse to the extent that child support is due and for that period.