Legal Question in Family Law in New York
A police officer in his fourth year thinking of divorce. I am worried about my pension. We have two boys (3 1/2 and 1 1/2 but I am not worried I am pretty confident she will let me see them. What questions should I ask about my pension and how much will she will be entitled to. She is an RN for the last 11 years. We have quite a bit of debt. We have a home purchased while together. Any feedback appreciated.
1 Answer from Attorneys
If you're only in the fourth year of your service to the PD her entitlement would be limited to a share of that which you earn in the years of your marriage...which really isn't likely to be that much. The formula that's used is known as the Majuskas formula - it's based on a calculation in which you compare the years of service to your years of marriage during which you were accruing a pension, and divide it proportionately.
She'd also be entitled to a share in the home, child support and possibly some spousal support - though if she works already that may not apply.
You should discuss your situation in detail with a local divorce attorney.
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