Legal Question in Family Law in New York
Does a wife get maintenance is married for 33 years at time of divorce. Is she eligible for any of his pension?
2 Answers from Attorneys
Almost certainly yes to both - although the final answers will depend upon a full analysis of the finances of the couple.
You should consult with an attorney in your area who handles matrimonial cases. The cost of the consultation will be far less than the cost of any mistake you might make trying to handle this on your own.
Maintenance and pension are two separate things. Pension is a marital asset subject to equitable distribution. Generally, a wife would be entitled to 1/2 pension earned from the date of the marriage until the date either the summons (for a divorce or separation) is filed or the date a separation agreement is signed.
Mike.