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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
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Experience:  Practicing Attorney for over 15 years
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Could you explain the Majauskas formula,thats in my divorce

Resolved Question:

Could you explain the Majauskas formula,thats in my divorce papers.
Submitted: 5 years ago.
Category: Family Law
Expert:  Daniel Solutions replied 5 years ago.
Thank you for allowing us to assist you with this problem.

Just so you know the name came from a case where the court applied the formula. The actual case is cited here:
Majauskas v. Majauskas, 61 NY2d 481, 474 NYS2d 699

The formula:
50% × years of service credit accrued during marriage (numerator) ÷ total service credit at time of retirement (denominator)

For example, if the Participant accrued 15 years of service while married, and retires with 30 years of total service, the ex-spouse’s share will be 25 percent of the pension (50 percent × 15/30). The Majauskas formula may be modified by the court, or by agreement between the Participant and ex-spouse.
Daniel Solutions and 6 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank You for the info,could I ask if this has a time(duration),or is it until I die?
Expert:  Daniel Solutions replied 5 years ago.
The QDRO would divid the retirement right to your former spouse in the same manner as dividing a car, house, boat, etc... so unlike alimony it is not connected to a certain length of time. Majauskas v. Majauskas just provides the calculation used when setting the dollar amount in the QDRO.
Expert:  Daniel Solutions replied 5 years ago.
Is there anything else I can assist you with today?