Friday, January 4, 2013

I have been legally separated from my spouse for 10 years on and off am I still entitled to his retirement in New York

Q: Am I entitled to my spouses retirement even though legally seperated

David’s answer: The answer to your question depends laregly on what you mean by "legally separated." If you mean via a "Separation Agreement," then I agree with the other postings that such Agreement would usually address division of assets. If you mean simply living apart, but no formal Separation Agreement was done, then the answer is yes, all property which accrues during a marriage & up to the filing of a divorce case is generally "marital property." That said, the Court will still determine what percentage you receive is fair.  -- David Bliven, Westchester Divorce Attorney (

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