How can I file for divorce and get half of husband's pension without a fight? He works for the city of New York as a security

Asked over 1 year ago - Bronx, NY

officer..Since his second child I have not spoken to him. It's not a bad split but we do not speak. I just want what I am entitle too for myself and my daughter.

Attorney answers (5)

  1. Jayson Lutzky

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . The leading case in NYS for division of pension is Majauskas. You are entitled to a share of the pension that was earned during the marriage. Normally it is one half of the lesser of the years married or working divided by the totsl number of years that. He worked until he retires. Get an experienced Bronx matrimonial lawyer to assist you. Your lawyer should be able to work it out either with your husband's attorney before the case goes to court or at the preliminary conference when the parties and their lawyers will appear in front of the judge to discuss the issues of the case including the pension. FYI yr husband may request a share if your pension if you have one.

    If this answer is helpful, then please mark the helpful button. If this is the best answer, then please indicate... more
  2. Rachel S. Silberstein

    Pro

    Contributor Level 12

    8

    Lawyers agree

    Answered . That is up to you and your husband. The marital portion of your husband's pension should be subject to equitable distribution. However, an agreement requires two reasonable, consenting parties. If your husband does not consent to the distribution, the only other option is to go before the Court and have the judge decide the case.

  3. David Alexander Browde

    Pro

    Contributor Level 20

    7

    Lawyers agree

    Answered . You don't get half of the pension "without a fight" unless you're entitled to it - and you may or may not be. Consult a local attorney to discuss your situation in detail.

    Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer... more
  4. Eric Edward Rothstein

    Contributor Level 20

    6

    Lawyers agree

    Answered . Expect a fight.

    I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases.... more
  5. David Ivan Bliven

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . Assuming he has a competent lawyer as well, you do not necessarily need to have a "contested" divorce over such an issue. There are many divorce lawyers out there who seek to settle matters amicably & thus you should shop around to find one like that. As such, I encourage you to contact a Bronx Co. Divorce lawyer for a consultation.

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Dividing a Pension in a Divorce

If one party in a divorce has a pension, it may be subject to division, depending on how much value it has accrued during the marriage.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,322 answers this week

3,066 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,322 answers this week

3,066 attorneys answering