PENSION DIVISION IN A DIVORCE
DIVORCE LAWYER LONG ISLAND
H. Michael Stern, Esq., a New York matrimonial and family law attorney and mediator with over 32 years of experience suggests that an equal division of retirement assets accumulated during the marriage should not be presumed. Each case requires that a factual inquiry be undertaken to determine whether an unequal division should be sought from the Court. Sometimes there is misconduct which might tip the scales to warrant an unequal division of retirement assets.
In a recent case decided on July 5, 2018, the Appellate Division, Second Judicial Department held that there was a sound and substantial basis for the trial court to award the plaintiff a 65% distributive share of the Husband’s tax-deferred annuity and an equal share of his pension. The trial court declined to award any share of the Wife’s pension to the Husband because he did not prove its value at trial. What appears to have justified this outcome is the Husband’s evasive testimony during the trial and that he diverted marital property to support a second family for nearly 10 years. While the opinion does not reflect compensation to the Wife for the Husband’s waste of marital assets in diverting them to his second family, my guess is that it was the overriding factor resulting in the unequal division of retirement assets in the case. Thus, where there is considerable waste of marital property by one party, the door may be opened to seek an unequal division of retirement assets at trial.
I can help you get your fair share of retirement assets.
I have been trying divorce cases since 1987. My goal first and foremost is to win at trial when a settlement cannot be reached in the case. Focusing on the needs of the client and the results sought have always been a hallmark of my Long Island practice for over 30 years.
Feel free to contact me, H. Michael Stern, Esq. a Long Island divorce and family law attorney, if you are interested in discussing your matrimonial, divorce or family law matter at firstname.lastname@example.org or by phone at 516-747-2290.
My office is conveniently located adjacent to the Roosevelt Field Mall Ring Road at 666 Old Country Road in Garden City, New York.
Written by, H. MICHAEL STERN, Divorce & Family Law Attorney