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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 36995
Experience:  30 years as a family law lawyer .
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Is my x wife entitled to my pension some 26 years ago when i

Customer Question

is my x wife entitled to my pension some 26 years ago when i wasnot vested in the pension in 1991 i became vested in 1998 we got divorced many years before i was vested in my pension
Submitted: 3 months ago.
Category: Family Law
Expert:  RayAnswers replied 3 months ago.

Hi and welcome to JA. Ray here to help you today.

Expert:  RayAnswers replied 3 months ago.

She is entitled here in NY to half of the pension you acquired during the marriage.Usually this is calculated and entered into a QDRO, qualified domestic relations order that is sent to the pension plan so that she gets paid her share.She will get some of your pension if you were married for the years you were paying in or for those years.Here it is only going to be a percentage less than 50% because there were years you paid in that you were not married here.

The judge decides what she gets based on the years married while contributing to it here in NY.

Expert:  RayAnswers replied 3 months ago.

Good reference that explains how it is divided.

http://bjmediationservices.com/anything-but-my-pension-divorce-math/