How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Roger Your Own Question
Roger , Attorney
Category: Legal
Satisfied Customers: 30790
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Type Your Legal Question Here...
Roger is online now
A new question is answered every 9 seconds

in new york state, if i divorce after 17 years, no children,

This answer was rated:

in new york state, if i divorce after 17 years, no children, have paid for my wifes education but she refuses to work, will she get any of my LIRR pension?

Roger : Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. I'll be glad to assist.
Roger : In New York, retirement benefits are considered marital property and can be divided between you and your ex-spouse in the event of a divorce.
Roger : Generally, any portion of the pension that has accumulated during the marriage is divisible, and this really would not have much to do with her refusal to work.
Roger : HOWEVER, if she refuses to work, her ability to seek a and receive spousal support will be impacted.

but it is an equitable distribution state and she did not contribute

Roger : The judge can base any request for spousal support on her earning POTENTIAL, and not her actual earnings.
Roger : It doesn't matter that she didn't contribute because anything that was acquired by either of you during the marriage is marital property and subject to division.

including her 100K education?

Roger : Equitable distribution simply means that the court will fairly divide the property - - which doesn't mean that the property will be divided equally, but instead that it will be divided fairly.
Roger : Yes,her education would be a consideration, and the fact that you paid for it would also be of value to you.
Roger : The judge should take the fact that you paid to have her educated into consideration, and give you proper credit.

i read that they prefer you divide assets outside of court

Roger : Absolutely.

and that the person who does not agree and forces it to go to court gets less

Roger : Courts prefer that the couple work out the property division themselves because that keeps the court from having to do it - - which takes time and slows the docket.
Roger : If the person holding out has a legitimate reason for not settling, then the judge isn't likely to hold it against him/her for forcing the matter to court.

so if I make her an offer and she doesn't accept it, she will likely get a worse deal by going to court, correct?

Roger : Not necessarily. It just depends on how reasonable the deal is.

so she has kept no household, contributed nothing monetarily, refuses to work


and could still get a substantial amount


she is perfectly healthy and has an education

Roger : The distribution of marital property is equitable as we've discussed, so the judge has the right to look at who contributed what and divide the property according to that - - - and not equally.
Roger : So, the fact that she hasn't contributed anything to the marriage in terms of assets will be something the judge takes into consideration.

so is there a possibility that she will not get that much because she has not contributed or do they generally take the womans side anyway

Roger : Sure.

Okay. any other advise?



Roger : You're correct that women usually get the better end of the deal in most cases because men are the wage earners and have the ability to make enough money replace things turned over to the wife, make more money to support the spouse, etc. So, it is not unusual for the wife to get a good deal.

It figures.


Thank you.

Roger : BUT, in a case where the wife has contributed nothing, and refuses to do so, the court will take that into account and should give you some favor in the equitable distribution.

That's a bit of good news.


Thank you

Roger : Sure. I wish you good luck with this, and if you need something further, please let me know.

Will do, thanks!

Roger, Attorney
Category: Legal
Satisfied Customers: 30790
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Roger and 4 other Legal Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan

Meet The Experts:

  • Tina



    Satisfied Customers:

    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • Tina's Avatar



    Satisfied Customers:

    JD, BBA Over 25 years legal and business experience.
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • JPEsq's Avatar



    Satisfied Customers:

    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • Law Educator, Esq.'s Avatar

    Law Educator, Esq.


    Satisfied Customers:

    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • FiveStarLaw's Avatar



    Satisfied Customers:

    25 years of experience helping people like you.
  • Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.


    Satisfied Customers:

    7+ years of experience handling various legal matters.
  • Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.


    Satisfied Customers:

    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.