Yes, you probably do have a right to a portion of the accounts. You should consult a local attorney to discuss specifics.
Under the rules governing the conduct of attorneys in New York it may be necessary to remind you that this answer could be considered attorney advertising.
You need to meet with an attorney who is experienced in family law and bankruptcy matters right away before your husband makes other financial decisions that could either divest you of your share of his existing retirement accounts or funds are moved so that they cannot be traced. Otherwise, you are risking the possibility that these accounts will be liquidated and funds will be hidden from you. Do not delay.
My response is based solely on the limited information contained in the question. It is not meant to substitute your attorney's advice.
Usually anything earned during the marriage is Marital property and both parties are entitled to a portion during the equitable distribution process. If you aren't sure what your husband earned and what retirement accounts he had, there is a discovery process in Divorce and we can certainly subpoena his employer and see if they have any retirement plans. You should consult with a divorce professional for further guidance.
Divorce Divorce and retirement accounts Equitable distribution in divorce Alimony Divorce and bankruptcy Bankruptcy Credit Divorce and family Estates Retirement accounts and estate planning Inherited Roth IRA and estate planning Employee retirement benefits Retirement benefits and pensions Employee 401k plans Lawsuits and disputes Family law Discovery Marital property Subpoena
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.