According to New York State law, pension benefits earned during a marriage are marital assets subject to equitable distribution in the event of a divorce.
This is about property division in divorce in New York, including the general rule for New York. New York State is an Equitable Distribution state.. In New York, the law is that all forms of retirement plans, whether called pensions, 401ks, .
Your spouse begins accruing an interest in your pension as soon as you are married so long as you are at the job earning a New York State Pension.
One of the biggest marital property assets divided in a divorce is the pension.. The surviving spouse is entitled by law to receive a Qualified Pre-Retirement .