If I’m considering getting a divorce and have been legally separated for 5 years, will I be entitled to receive something from my husbands pension?

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If I’m considering getting a divorce and have been legally separated for 5 years, will I be entitled to receive something from my husbands pension?

He gets it now because he is not working any more.

Asked on June 14, 2015 under Family Law, New York

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your share of your husband's pension would be based on the number of years he was working while you were married.

For example, if your husband's pension represents 20 years of employment and you were married 15 of those years and then separated for the remaining 5 years of his employment, your share of the pension would be based on the 15 years you were married.


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