Each party is entitled to approximately one half of the benefits that accrued to the other spouse during the course of the marriage.
Leonard M. Weiner, Esq.Divorce Solutions
There are no laws that protect your father’s retirement fund. Your parents must enter into a legal separation in order to protect the assets which they acquire during the course of the marriage from the claims of the other spouse.
Until that is done, they are still continued to be deemed legally married and have an interest in the assets acquired by the other party.
If they are living in the New York City metropolitan area , I strongly suggest they call me at 212-370-1660 to discuss mediating their separation and divorce. It will save them time, money, and aggravation. It is time they properly dealt with their separation so that they may legally get on with their lives without the fear of interference by the other party.
Leonard M. Weiner, Esq./Divorce Solutions
Do Not Sign the Papers! Unless you had a legal separation 18 years ago, you are still legally married, and any property or asset, including your spouse’s retirement account, is a marital asset, to which you would be entitled to a share. Any inheritance he received, if kept in his name only, is separate property, not marital.
Consult an experienced matrimonial lawyer in your jurisdiction and seek his advice .,
Leonard Weiner, Esq./ Divorce Solutions
You should be entitled to approximately half of your husband’s pension earned during the marriage and any assets which were acquired during the marriage, regardless of whose name the assets are held.
The marriage, unless legally separated or divorced, continues regardless of whether you are living together or have been apart for several years.
If your husband is living in the New York City metro area, please call me at 212-370-1660 to discuss the matter further.
Leonard Weiner, Esq./Divorce Solutions
You indicate that your partner is “legally separated.” Was that separation done by an attorney, and was it filed with the county clerk in Westchester?
If it was drawn correctly, executed and filed, the cutoff date for his spouse’s interest in his retirement account and pension is most likely the date the separation was filed with the county clerk. The spouse is entitled to approximately half of whatever was contributed to the retirement and pension accounts during the time they were married until the filing date of the separation.
Please call me at 212-370-1660 to arrange for a meeting to discuss the other matters and the filing of the divorce.
Leonard Weiner, Esq/ Divorce Solutions