Dividing Pensions in a New York Divorce
Your Spouse’s Pension May Be Your Most Valuable Asset
For many divorcees, the so-called “golden years” of retirement can become a long journey across the rocky terrain of financial hardship. Career homemakers who divorce later on in life may find themselves facing vastly reduced circumstances in the wake of a marital breakup. For many middle-aged spouses, it is not unreasonable to fear that a divorce will leave them in financial ruin for the rest of their lives (See Lois Brenner’s Divorce book, “Getting your Share”).
In many of these cases, it is the woman who goes into her divorce on unequal footing and, therefore, must pay careful attention to the long-term consequences of how their marital property is divided. For example, many women will enter and leave the workforce due to the demands of child rearing. This may ultimately result in a lower contribution to their own pension plan – if they have one at all.
When a spouse contributes to their marriage as a homemaker or stay-at-home-parent, they may face a midlife divorce with little understanding that their spouse’s pensions may be their most valuable asset. In reality, the two largest assets that can be divided in a middle-class divorce are often the marital home and the husband’s pension. Many times, the pension is more valuable than the house they live in.
How Pensions Are Divided & Distributed in a Divorce
Many divorcing couples do not realize that pensions are considered marital assets and, thus, subject to equitable distribution. Many times, one spouse has accumulated pension benefits greater than the value of their home. While many people are aware of the possibility of dividing their house or its value, the importance of dividing a pension is not as well known– particularly since its actual distribution may be several years away.
In many cases, the division of a spouse’s pension will be one of the most complicated aspects of divorce. In fact, these issues tend to generate more appeals than any other issue in equitable distribution. For this reason, it is highly recommended that you speak with a knowledgeable divorce lawyer about pensions, 401(k)s, annuities and other deferred compensation options, including tax consequences.
Unlike bank accounts, stocks or bonds, the rights to a pension involve:
- Type and classification
- Valuation
- Distribution
- Qualified domestic relations orders
- Tax consequences
Discuss Your Options with Lois M. Brenner, Esq. Today
If have questions about pension plans and retirement assets, including how they can be divided and distributed in a New York divorce, please contact our team at Lois M. Brenner, Esq. We’re ready to put our experience to work for you.
Contact our office at (646) 663-4546 to schedule your initial consultation with Lois Brenner.
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Thank you Ms. Brenner! It was a rough summer trying to get our parenting agreement together.but you really helped. My ex-husband and I fought all summer about what the children's schedule would be once school started. Your endless guidance and productive sessions with us made all the difference. You straightened us out with your sound, caring advice. We both feel better now. Our kids feel better too. Thank you, thank you. We hope you had a great summer. We will recommend you highly to anyone needing a family law attorney.- Brenda
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I just wanted to take a moment to personally thank you for the wonderful job you did mediating our separation agreement and putting this document together. You not only saved us hundreds of thousands of dollars but helped avoid what would have been a disastrous future in court. I'm grateful you did not give up on us. If I ever am involved in another situation like this, and I hope I never am, I would certainly recommend your services.- J.M.
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Lois is a “Rock Star” I was very worried about my daughter who was in a really bad marriage. I started researching divorce attorneys and found Lois Brenner. I called her, discussed my daughter’s horrible marriage and she agreed to meet with us. Since my daughter’s husband wanted out of the marriage too (he was cheating), Lois suggested she help them dissolve their marriage in mediation. To my surprise it worked out. Lois was able to keep my daughter and husband from fighting during their sessions, and she helped them resolve all their financial issues. Since I was paying the fees to help my daughter, not having to go to court saved us a great deal of money. As a father, I am truly grateful for everything Lois did. Her talks with me in the beginning of the process, to calm me down, really helped. I would highly recommend her to anyone thinking of divorce.- Graham (happy dad)
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What a gem! Lois Brenner is the best out there by far... She got my husband and I right away. Listened, guided, let me cry, and never gave up on us during our mediation sessions. It was not easy but she made it possible. Even my husband liked her and agreed to mediate after we had lots of arguments. Thank you Lois. I already recommended you to my cardiologist. Have a happy, productive New Year.- Bernie A.
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I had read about Lois’ unusual divorce method in one of her blog posts. It was refreshing to see someone was working with the psychological issues in divorce. My husband is bipolar and getting him to agree to a divorce and commit to the process was tough. When we met with Lois she really understood him. She immediately identified his mental health issues, and because she has a psych background, she was empathetic to his needs and was skillful at guiding him through her divorce mediation process. It took a while but she really got us to a point where we could actually discuss things without my husband blowing up. Her method is unique and it really helped in our situation. She actually recommended a great psychiatrist who changed my husband’s meds at her urging (she has a medical degree too), and my husband is coping much better. We can’t thank her enough for her compassion and advice! If you need a divorce attorney, especially if mental illness is a part of the fabric of your marriage, go see Lois! Thanks Lois - Lorna P.
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I utilized Lois's services for divorce. She was most helpful in all aspects. First, she explored reconciliation, which was the right thing to do. Absence of that, her suggestion of what to negotiate for, how to do it without unnecessary anger & hostility to the ex & how to expedite the process was invaluable. Timewise she was excellent & sympathetic to what I was going through. She was always available & her fees were very reasonable. I would strongly recommend her as a divorce /representative attorney.
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When my daughter was sideswiped and served with a summons by her husband we called Lois Brenner. I had met Lois when she was giving a seminar on Marriage and Finances. I thought she was really smart. I never dreamt I would be calling her to help my daughter. When we went to see her she put our minds at ease. We immediately knew she was the attorney for us. She managed to negotiate a really good settlement with my son-in-law’s attorney. She was tough and always returned our phone calls and responded immediately to our emails. We even heard from her on weekends!! She was determined to keep us out of court and guided us every step of the way. She was our Angel!!! Mary B.- Mary B
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“No words can express what you have done for our family!”- Ken
