In New York State: pension disbursement

Hi As part of your separation agreement, did your attorneys have a Qualified Domestic Relations Order prepared with respect to your husband's pension?   You will need that document in order for the plan administrator to divide the pension payments.  Otherwise, there is nothing that directs the plan administrator to do anything with that pension -- so it's critical for you.   Since i don't know what pension this is and have no idea of the plan requirements, i don't know when you would be qualified to take.   As for a "legal" separation becoming a divorce, no, unfortunately, never.   One of you will be required to start a divorce action (it doesn't matter who) and you can use the no fault statute to seek the divorce.  You just have to ensure that you seek to incorporate by reference your agreement.  You should speak with your attorney about moving ahead to obtain a divorce as well as to ensure that your rights to your husband's pension are protected. Good luck! Ilysa Magnus