Divorce Solutions

Question #164

My husband was married for 13 years in California and divorced for five years before we met. We have been married for 6 years in New York. I would like a divorce now. His ex has not remarried. If I divorce him, which ex-wife has the right to his retirement funds, pension, etc., also, would it make a difference if I stayed in the marriage longer? He is 59 years old. I am 42, and my ex is 56.

You would have a claim to approximately half of the retirement funds, pension, etc. which were contributed during the six years of your marriage, while the former spouse would have a claim to approximately half of the retirement funds, pension, etc. that were earned during the time she was married to him. The comparative ages of the parties are not relevant.

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Leonard M. Weiner, Esq./ Divorce Solutions