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Do I Have A Claim On My Spouse’s Employment Benefits When We Divorce In Brooklyn?

Yes, employer sponsored retirement plans, pensions, and even health and life insurance plans are subject to valuation and distribution in the divorce.

Benefits like a 401(k) will be valued according to the savings accrued only during the marriage, to the date of the separation or divorce filing.

Employer-sponsored savings that your spouse had accrued prior to the marriage are separate property and not subject to distribution.

Because of the rise of two-income households, dealing with retirement savings can be trickier than it used to be.

When both spouses have retirement savings, the goal may be to balance their accounts, rather than purely distribute from one to the other.

Your attorney will be able to help you evaluate your marriage’s financial picture and make an appropriate claim on retirement and other employment benefits.

In Brooklyn, the attorneys at Zelenitz, Shapiro & D’Agostino can help you get the strongest settlement possible.

Call us today at 718-725-9601 for a free consultation with an experienced Brooklyn divorce attorney.

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