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Family Law International Law

NY Divorce and UK Pension Rights

What happens when a New York matrimonial litigant's pension benefits are foreign, administered by a plan administrator outside the jurisdiction of a New York court? As the authors state, the importance of specialized and expert legal and tax advice cannot be underestimated.

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It is well established in New York that in the determination of parties’ rights in a divorce action, marital property is “all property acquired by either or both spouses during the marriage and before the execution of a separation agreement or the commencement of a matrimonial action.” New York Domestic Relations Law (DRL) 236[B][1][c]. Accordingly, pension rights earned during a marriage “are properly considered marital property subject to equitable distribution.” Olivo v. Olivo, 82 N.Y.2d 202, 207 (1993); Majauskas v. Majauskas, 61 N.Y.2d 481; Dolan v. Dolan, 78 N.Y.2d 463, 464-65; Berardi v. Berardi, 54 A.D.3d 982, 985.

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