Q: I am in contemplation of a divorce. I know we will eventually split our assets through equitable distribution, but I want to know how our pensions will be split. Specifically, my wife and I obtained pensions before our marriage. She currently has more than double of what is in my pension fund; accordingly, upon divorce, will the Judge offset my pension against her pension through equitable distribution? What are some factors for the Judge in deciding to do so?
A: David’s Answer: Usually each will get the marital share of the other’s pension. Marital share is defined as that which accrued to the pension between the date of the marriage & the date of the divorce filing. Call a NYC Divorce attorney to schedule a consult for a full assessment.