Divorce Solutions

Question #330

This is a question for my partner, who I have a son (5) from and who I have been with for six years. He was married for 21 years and has been legally separated for about seven years. He did not complete the divorce because his EX wife walked away and refused to sign the papers. They had a house in Westchester that went to Foreclosure. Today, he is retired and has his IRA, pension, and 401. My question is if he is not divorced and just legally separated, is she entitled to any money? And if he takes money out of his IRA, or pension, does he need her signature. We are trying to start the process of just the paperwork for the divorce, but we don’t know where to turn to, we need guidance on so many levels. Thanks.

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