He abandoned the marriage. He was having an affair with another married women. She gave all the proof of his activities. She was smart because I kept evrything as evidence. pictures videos and more. She has been tormenting me . He left but came back and wanted to reconcile she would tell me that I am a foul and an idiot becasue he is going to divorce me that he is just waiting for a while. I have a pension and he has been talking about it alot. I worked hard for this I have a child to put through college, he abandoned me and was using me becsue he continued the affair behind my back. He would lie about many things. please help
Yes he is entitled to part of the pension. A formula is applied to determine what amount he will receive. It will be based on when the account was opened how long of which you were married and the end date...or the filing of divorce. There may be a reduction also for a period of separation. You need to make a decision that is best for yourself. As to her if she harasses menaces molests or threatens you may have a basis for an order of protection. I hope this helps and wish you luck..
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In NY fault basically is not a factor for the Court to consider in property distribution. The court can uoficially do thing differently.if they form a true dislike for a litigant bu pension.t, basically he will share in the
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In NY a pension earned during the marriage is marital property to be divided equitably. That does not have to mean equally. If you do not settle your divorce action, it will be up to a judge to decide how much of the pension your husband would be entitled to. In making that decision, the judge may look to "marial fault" and "egregeous behavior" and give a lower percentage due to those factors. You should see a local attorney to discuss your specific facts. My office is in Westbury if you want to come in for a free consultation.
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