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What is the law regarding a spouse’s right to pension in New York state?

Q: My husband feels that I am not entitled to his pension, although we had been married for 19 years prior to his leaving our 5 children and me. Since then, we have been living separately for almost 8 years, and i want to get a divorce. He began working as a teacher in NYC after we were married 9 years, and I raised our children, went back to school, worked part time/temp jobs while he obtained 3 degrees and continued working.

A: David’s Answer: You are entitled to a share of his pension as same accrued value during the marriage. He may argue, however, that your share should be reduced given the long period of separation. Schedule a consult with a Bronx Divorce attorney for a full assessment.

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