Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #31:
I am getting a divorce the month after retirement, after 19 yrs of marriage Is there any way to keep her from getting 1/2 my retirement and if she elects SBP will this be taken from her half of my retainer pay?
Answer:
If you are living in a community property or equitable distribution state your spouse will have a right to an equal share of your pension which was earned during the course of your marriage. The court will provide her with 1/2 of your retirement benefits, and any election she makes regarding that some will only effect her half.

Leonard M. Weiner, Esq./Divorce Solutions

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