Many times in New York divorce cases people make separation or settlement agreements for events that will happen in the future. A great example is when a wife or a husband agrees to take a percentage of their spouse’s pension benefits when they retire. However, for one reason or another neither side prepares a qualified domestic relations order, required under the law in New York, to get the benefits directly from the pension plan…..
In this recent case from the third department, a wife never knew her husband retired and was unable to collect the past benefits that were beyond the statute of limitations. Make sure your new york divorce lawyer files for a qualified domestic relations order, upon the granting of the divorce in New York.
It is important to hire a lawyer who stays up to date on the latest developments in the law.