Question #164:My husband was married for 13 years in California and divorced for 5 years before we met. We have been married 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 his ex is 56.

You would have a claim to approximately half of the retirement funds, pension, etc which were contributed during the 6 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 is not relevant.
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Leonard M. Weiner, Esq./ Divorce Solutions