QUESTION
I 've been married since 1992. We separated in 2009. What am I automatically entitled to, such as pensions, retirement?
Asked on Jan 30th, 2015 on Divorce - New York
More details to this question:
F I file no fault , can I still receive spousal maintenance. I originally filed in contested ( due to domestic violence) in 2013. This is referring to the years we lived together. Does the Judge care about this situation since it was years ago?
1 ANSWER
There is no automatic entitlement - in a divorce proceeding the marital assets are divided equitably. If you have been living apart without spousal suppport since 2009 it is going to be difficult for you to claim you need it now. However you probably have a substantial entitlement to pension benefits and other retirement assets, depending upon your separation agreeement.
Answered on Feb 02nd, 2015 at 3:02 PM