Legal Question in Family Law in New York
Retirement package
My husband took a retirement package from his job. I have started my own divorce but I had to stop so I don't lose out on his pension. At what point do I receive my share of his pension? Were there papers that I should have signed?
3 Answers from Attorneys
Re: Retirement package
You seek a simple answer for a very complicated question. In a nutshell, there must be an agreement and application for a Qualified Domestic Relations Order based on a "Coverture Fraction". A Coverture Fraction is defined as the number of months of marriage (numerator) over the number of months the participant was a member of the retirement system (denominator).
Mike.
Re: Retirement package
The date of commencement of the divorce stops valuation of assets for the purpose of equitable distribution. your questions really indicate that you should be properly represented. You can call for a free consultation at 516 466 LAWS (5297)
Re: Retirement package
YOU need a lawyer ASAP. See one for consultation, immediately, then decide how you want to proceed.
A person should represent themselves in a divorce action in Only certain limited circumstances.
Some of those circumstances are:
Extremely Short marriage; No Children; No assets, WHETHER JOINT OR SEPARATE (even a car/lease etc., are assets); No dispute concerning the need for divorce; Full understanding re: living arrangements after the divorce.
GOOD LUCK,
PHROSKA L. McALISTER,ESQ