QUESTION

IS MY WIFE INTITED TO MY RETIRMENT UPON DIVEROCE

Asked on Jul 10th, 2015 on Divorce - New York
More details to this question:
WE WENT TO A MEDEATOR AND SHE PUT IN WRITNIG THAT MY WIFE IS ABLE TO COLLECT UPON ARE DIVORCE
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1 ANSWER

Your question is not clear. If you and your wife signed an agreement with the mediator, then it may be binding.  Under New York law, spouses are entitled to one-half the marital share of pensions or retirement accounts (acquired during the marriage). There will be a special calculation done to determine the spouse's share based on the date of the marriage and the date of the divorce commencement (generally).  This is a complicated part of divorce law. If you are not sure about the mediator you saw, maybe try another mediator or seek a lawyer to represent you. Spouses also have the choice to waive one another's pensions and retirement accounts. Good luck!
Answered on Jul 10th, 2015 at 12:17 PM

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