Dissipation of marital assets occurs when one spouse wastes, transfers, conceals, or improperly spends marital property for a purpose unrelated to the marriage. Common examples include excessive gambling, funding an extramarital affair, transferring money to relatives, selling property below market value, or making unusual withdrawals in anticipation of divorce. Ordinary household expenses and legitimate marital debts generally do not constitute dissipation. In New York, courts may consider...

If you or your spouse have a pension or other retirement benefits, a Domestic Relations Order (DRO) may be required to divide those assets after a divorce. A DRO is a court order that directs a retirement system to pay a former spouse the portion of retirement benefits awarded under the Judgment of Divorce or settlement agreement. For New York public retirement systems, such as police, fire, teacher, and state employee pensions, a DRO (not a Qualified Domestic Relations Order (QDRO)) is...

A QDRO, or Qualified Domestic Relations Order, is a legal tool used in New York divorces to divide retirement benefits between spouses. It is commonly used for pensions, 401(k)s, and other qualified retirement plans. The QDRO allows a portion of one spouse’s retirement account to be paid to the other spouse without triggering taxes or early withdrawal penalties. Courts often issue QDROs as part of the equitable distribution process in a divorce. The order must meet federal and plan-specific...