A common misconception in New York divorce cases is that pensions are only divided if the marriage lasted at least 10 years. In reality, there is no “10-year rule” for pension distribution in New York. Under state law, pensions earned during the marriage are considered marital property, no matter how long you were married. Even if the marriage lasted only a few years, the portion of the pension earned during that time can still be subject to equitable distribution.

The key factor is when the pension benefits were accrued—not the length of the marriage. Only the portion earned during the marriage is typically divided, while anything earned before or after the marriage is usually considered separate property. If you’re facing divorce, it’s important to understand how pensions, retirement accounts, and other assets might be valued and divided. Speaking with a family law attorney can help you protect your rights and ensure a fair division of your assets.

If you have questions about pensions in divorce, contact our office today to discuss your situation and get clear guidance before you make any decisions.