I want to know what the rules are for New York -- my husband and i have been married for 28yr however we have been separated for 13yrs I live in Florida and he Lives in New york Will I be entitled to spousal support and or a portion of his pension?
Answer
Spousal support is doubtful - you've been apart for 13 years. Pension is possible...depending upon when the benefits were accrued and upon whether you are legally as opposed to merely physically separated.
Answer
Under New York law, you would be entitled to 50% of the portion of his retirement benefits that accrued during the marriage (which I assume is almost all of his pension based on the number of years you were married). This would include pension, 401-K accounts, and other retirement accounts.
It is unlikely that you would also be entitled to spousal support, but it may be possible under certain circumstances. Please feel free to contact me if you want to discuss this issue and/or whether you want to bring a divorce action here in New York. I may be reached at (212) 786-7539. Please note that I am not the person in the photo that it attached to this answer.
Answer
Correction--Law Guru corrected an earlier error. I am indeed the person in the attached photo.
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