Whether or not retirement savings will be subject to distribution depends a lot on your relative incomes.
If you both earn a similar amount and no one has taken significant time off of work for life situations such as child rearing, elder care, or similar, then there may be no need to distribute any retirement savings.
If there is a disparity in incomes, then the lower-earning spouse may have a claim to some portion of the higher-earning spouse’s retirement savings.
Your attorney can give you the best advice based on the particular facts of your case.
At Zelenitz, Shapiro & D’Agostino, we help our clients exit their marriages under the most favorable terms possible.
Call us today at 718-523-1111 for a free consultation with an experienced Queens divorce lawyer.