I live in ny. my husband and I have been married for 12yrs and have 2 girls ages 7 and 10. He is FDNY with 18 yrs on the job. Our divorce has been going on for 2+ yrs and it looks like we r going to court soon regarding this matter: he is refusing to choose the 'joint survivor benefit' option for his retirement. is he obligated to choose this option? If we go to court is this something the court would tell him he has to choose? Or will I just b wasting my money in attempt to fight for this? I am buying him out of our house and I feel this is best option for our kids.
This is something that should be discussed with your attorney. The court does have the power to order him to take a joint survivor benefit however, a lot of information and facts are necessary to give an accurate appraisal of your matter.
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This advice is not meant to create an attorney-client relationship and is a general anwer to the question posed.
Discussion with counsel is certainly needed. Important factors are each of your ages, your own work/earning abilities, your anticipated retirement benefits, etc. Generally, I would say you want joint and survivor but specific issues and analysis may cause a change in advice.
Your attorney is best suited to give you an appropriate answer, however generally speaking, there is no bright line rule as to what his obligation is. As my colleagues stated, it is highly dependent of the facts of each case
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