I'm in the early stages of my divorce and my wife's lawyer is telling her she is entitled to part of my post divorce pension. Is this true in NYS

Hi Under a case called Majauskas, in New York State, your wife would be entitled to a portion of your pension benefits when you retire -- called a coverture fraction -- from the date of the marriage to the date of commencement of the divorce action.  The way this is calculated is as follows:  You start working for your company and contributing toward your pension at age 25.  You marry at age 30.  The divorce action is commenced when you're 42.  You retire at 65.   Out of the 40 years you worked and contributed toward the pension, your wife would be entitled to half of 12 years of your pension.   So, for example, if your pension is $2000 a month which you earned over 480 months (40 years x 12 months), your wife would be entitled to half of what the pension would be for 144 months of work or 30% of the years you were working.  30% of your pension would be $600 a month; her share would be $300 a month. This amount would be adjusted in a Qualified Domestic Relations Order to reflect the coverture fraction, i.e., the years that the wife would have an entitlement over the entire period of your pension-covered employment.  The longer you work, the less her interest in your pension will be. This is how it works in NYS.   Once the divorce is commencement, her coverture fraction is determined, i.e., the number of months of the marriage during which you had an interest in a pension. Hope this helps. Ilysa