Getting Half of the Pension in a New York Divorce

Navigating the complex waters of divorce can be daunting, especially when it comes to dividing assets like pensions. Understanding New York’s laws on marital property and pensions is crucial. This article provides a detailed look at whether you should expect to receive half of your spouse’s pension in a divorce, highlighting insights from renowned divorce attorney Brian D. Perskin.

Understanding Equitable Distribution in New York

New York follows the “equitable distribution” model for dividing marital assets during a divorce. This means that the court divides assets fairly but not necessarily equally. Pensions, earned by one spouse during the marriage, are considered marital property and are subject to division. However, the division is based on several factors including the length of the marriage, each spouse’s financial status, and contributions to the marriage, both financial and otherwise.

Common Misconceptions About Pension Division

One major misconception is that marital assets, including pensions, are always split 50/50. “Many believe that a pension will automatically be divided equally in a divorce, but that’s not always the case,” explains Brian D. Perskin. “The division of a pension is highly contingent on factors like the duration of the marriage and the financial contributions of each partner.”

The Case of Gregory vs. Michele Carnone

In a 2005 ruling by the Supreme Court in Columbia County, an equitable distribution of marital property was ordered following a divorce case that began in 1997. The couple, married in 1980 with two children, had a delayed divorce process that was resumed in 2000 after a failed reconciliation.

The court decided on the division of assets, which included the family home, a 1982 Camaro, personal property at the residence, and a part of the plaintiff’s state retirement benefit. The defendant was awarded the home, most personal property, and the Camaro, while the plaintiff retained his state pension. Bank accounts were deemed separate property, not subject to distribution. Maintenance payments were terminated, and no further support was granted to the defendant, who was also denied counsel fees. The plaintiff remained responsible for their minor child.

The defendant contested the asset distribution, particularly concerning some bank accounts and personal items, but the court upheld that these were separate properties. Additionally, the court later ruled that the defendant was entitled to a 50% share of the plaintiff’s modest state pension. The decision to deny maintenance was based on the defendant’s ability to work and previous temporary maintenance received.

In conclusion, the court modified its judgment to grant the defendant half of the plaintiff’s state pension and ordered a qualified domestic relations order to implement this division.

The Importance of Legal Representation

Seeking competent legal representation is crucial in understanding and navigating the specifics of pension division. Brian D. Perskin emphasizes, “Legal guidance is essential to ensure a fair division of assets, including pensions. An experienced attorney can help articulate your contributions to the marriage and advocate for your financial interests.”

Key Factors Influencing Pension Division:

Duration of the Marriage: Longer marriages may lead to a more even split of the pension.
Economic Circumstances: The court considers each spouse’s financial circumstances post-divorce.
Contributions to the Pension: Both monetary and non-monetary contributions are considered.
Overall Division of Assets: The division of other marital assets can affect how pensions are divided.

Hiring a New York Divorce Attorney

At Brian D. Perskin and Associates, we understand that each divorce case is unique. Our expert team is dedicated to providing personalized legal strategies that protect your financial interests, especially concerning pensions. We guide our clients through the complexities of divorce law, ensuring they receive their fair share of all marital assets.

If you’re facing a divorce in New York and have questions about your rights to a pension or any other assets, contact Brian D. Perskin and Associates today. Let us help you secure your financial future.