Hoosick, NY Divorce Law Firms & Lawyers

In New York, anything you acquire during a marriage is marital property (unless there is a pre-nuptial agreement that says otherwise) and in the event of a divorce gets split equally between both spouses. If you make mysterious withdrawals in an attempt to take more than your share, that is considered dissipation of marital assets, and if you divorce, your spouse will be entitled to compensation in some form or another.  There may be forensic accountings involved, which can get very expensive. So don't do something you might regret later. 

In the distribution of property in a divorce, the Court will distribute things equitably.  The starting point for the evaluation of what property is to be distributed is the date of marriage and the ending date is the date that one party files for a divorce.  Everything earned, purchased or otherwise acquired in between those two dates is presumed to be marital property subject to being divided by the Court.  The Court is not required to distribute everything 50/50 and can vary from that percentage where is is "equitable" to do so. In short, the Court should be dividing the pension in some manner if it was earned during the marriage.  Every case however turns on individual facts and as such an experienced attorney should be consulted before undertaking any kind of action. - Alfred Polizzotto, III