Divorce: New York

Divorce: New York

Category Archives: Pensions

Subscribe to Pensions RSS Feed

Oral Cohabitation Contract Claim Withstands Motion To Dismiss

Posted in Agreements and Stipulations, Miscellaneous Actions and Proceedings, Pensions
A non-written agreement for cohabitants to share retirement benefits can be enforceable under a breach of contract claim, but will not support claims to impose a constructive trust, or for unjust enrichment or an accounting. Such was the holding of the Appellate Division, Second Department, in its November 13, 2013 decision in Dee v. Rakower.… Continue Reading

Ex-Wife’s Failure to Obtain DRO Before Ex-Husband’s Death Not a Bar to Recovery of Retirement Plan Death Benefits

Posted in Agreements and Stipulations, Equitable Distribution, Pensions
An ex-wife’s failure to obtain a Domestic Relations Order during her ex-husband’s lifetime did not bar relief after his death. The divorce settlement agreement provision that granted her the right to receive the ex-husband’s retirement plan death benefits could be enforced after his death more than seven years after the divorce judgment was entered. Suchwas… Continue Reading

Mandating a Pension’s 50% Joint and Survivor Option in a Divorce

Posted in Equitable Distribution, Pensions
Almost all ERISA-Qualified Defined Benefit Plans (commonly known as “pensions”) are required to offer annuities (a stream of monthly payments). Where there is no divorce, the annuity must be paid as a Qualified Joint and Survivor Annuity unless the Participant’s spouse consents in writing at the time of retirement to a different form of payment.… Continue Reading