In a divorce, retirement accounts are often some of the largest assets. When one of the spouses has a pension, that pension may be included as a marital asset that must be divided equitably between the parties. In New York, the courts typically use the Majauskas...
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Division Of Pensions
How to split a pension in New York
If you get divorced in New York state, you may be entitled to a portion of a former spouse's pension benefits. In most cases, the Majauskas formula is used to calculate how much an individual is allowed to receive. However, other methods may be used to create an...
Dividing retirement assets when you divorce
The division of retirement assets in a divorce is a complex matter that requires special considerations. You can’t just look at the total on the most recent statement and go off that. One of the primary things that you need to determine is whether the retirement...
Can you get a QDRO if you’re already divorced?
A Qualified Domestic Relations Order (QDRO) is a very valuable tool to use if you are getting divorced and your partner has a pension or a retirement plan. Even though they may not be retired yet, they earned a portion of that plan during your marriage, and that makes...
Why to ask for a share of a pension when you divorce, not retire
There's a lot of misinformation floating around about what happens in a divorce and what rights people have regarding pensions and retirement accounts. One mistake people make is to assume that their spouse is the only one with a right to the pension because the...
What happens if you don’t file a QDRO right away?
Whether you’re nearing retirement age or not quite there yet, your retirement or pension plan is likely one of your largest and most valuable assets. If you and your partner are headed towards divorce, any of these savings earned by your or your ex during your...
You deserve a fair share of your spouse’s retirement savings
When couples get divorced, they sometimes endure seemingly endless negotiations about who gets what in the final decree. Dividing assets is never enjoyable for either party, but it is necessary. After all, when you put yourself and a large portion of your life into a...
Things to consider before splitting a pension
When you have complicated assets to divide, like a pension, it's important to take a moment and consider all of the different things that your decisions today could affect for years to come. For example, here are some of the questions you need to think about when you...
Some pensions are protected from property division
When you are going through a divorce, you might have to take steps to protect your pension. While there isn't a good chance that you will walk away with 100% of it, there might be some hope for keeping your financial security intact. Before you automatically sign half...
2 reasons you shouldn’t delay a QDRO
A Qualified Domestic Relations Order (QDRO) is one of the most misunderstood parts of property division following a divorce. Most people think that their divorce decree alone is enough to grant access to their share of their ex-spouse's pension or retirement plan, but...
