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 #329:
My wife and I married in 1993, I took my present job in 2000 and we separated in 2005 but did not do a separation agreement. We have child custody papers dating back to 2006. I am know 5 1/2 years from retirement and she refuses to sign divorce papers. Does she have right to half my pension when I retire even though our custody papers show we have been separated for over 10 years?

Answer:

Until you formally file a Separation Agreement or your /divorce papers are filed with the County clerk, you are legally still married and any assets acquired during the course of such marriage is Marital Property. If you are located in the NYC metro area, please call me at 212-370-1660 to arrange for a meeting to discuss the matter in greater detail.

Leonard Weiner, Esq./ Divorce Solutions

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