Legal Question in Family Law in New York

I live in new york state. I have a legal seperation that was filed in 9/2010. I would like to follow through with the divorce. In the seperation agreement, under Division of Property there is our annuity. It states that he must give me 1/2 until his death. Does this also have to be in the divorce paperwork?

Asked on 4/03/13, 6:59 am

2 Answers from Attorneys

Jordan Trager Wisselman, Harounian & Associates, P.C.

You will need to have a qualified domestic relations order prepared for his annuity. Otherwise the plan will not know about your separation agreement and you will not get any of his annuity money. I would be happy to review your separation agreement and give you a consultation for free.

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Answered on 4/03/13, 10:47 am
Steve Brodsky Esq.

Yes! You will need a QDRO.

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Answered on 4/04/13, 6:29 am

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