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.
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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.
Expect a fight.
I am a former federal and State prosecutor and now handle criminal defense and personal injury/civil rights cases. Feel free to check out my web site and contact me at (212) 577-9797 or via email at Eric@RothsteinLawNY.com. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. The above answer is for informational purposes only and not meant as legal advice.
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.
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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.
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