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?


Asked on 5/04/04, 6:27 pm

3 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

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.

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Answered on 5/04/04, 6:42 pm
richard feldman richard d. feldman

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)

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Answered on 5/04/04, 7:08 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

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

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Answered on 5/06/04, 5:54 pm


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