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