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.
If you are living in the NYC metro area, please call me at 212-370-1660 to arrange for a meeting to discuss mediating your divorce. I can help!
Leonard M. Weiner, Esq./ Divorce Solutions