Legal Question in Family Law in New York
do i get any of my wifes pension
i have been married for 19 years . my wife hit me with divorce papers out of the blue. i am a bartender who makes a lot of my income off the books. my wife is a nursing professor who just got her doctorate. we have always both worked and payed the bills jointly. up until three years ago my income was actually higher than hers. in the last 4 years , she started a 401k and has already put 80,000 dollars in it. i'm curious to know if i will be able to get any of that money being that my income helped her to save that much and i do not have my own account.
2 Answers from Attorneys
Re: do i get any of my wifes pension
Yes, the 401 is marital property to be shared equitably. As a rule of thumb, the cut off date is usually when she filed the summons for divorce.
FYI, you are also entitled to share in her "enhanced earnings" (doctorate).
You should speak to an atty and find out your rights. You will also need to Answer her divorce papers in order to avoid a default.
Re: do i get any of my wifes pension
You damn right you're entitled to an equitable distribution of the 401K. Lots of courts will give 50%. You're entitiled to something for that doctorate she earned to. You will need experienced counsel on this one--don't go to anyone who doesn't concentrate in the area of family and matrimonial law.
For NY Law and forms, plus more go to
http://justiceneversleeps.net
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