NYPD Divorces Have Some Unique Equitable Distribution Issues to Consider

Anyone who goes through a divorce will be subject to all of the standard processes associated with getting divorced, including the division of marital assets. This division is to be “equitable,” but not necessarily equal. The general idea is that it will be a fair division that distributes assets in such a way that both spouses are able to maintain a reasonably consistent standard of living.

For officers of the New York Police Department (NYPD), there are some unique issues to consider during that equitable distribution process.

Fire and police pensions

NYPD pensions will be divided just like any other type of pension. The marital share of the pension will be determined by dividing the number of months of the marriage by the number of overlapping months the person worked on the job. If, for example, you’ve been married for 10 years but had 20 years of time on the job, you’d only consider the 10-year period of overlapping job and marriage time, and then the spouse would get a percentage of the money accrued during that overlapping period. So let’s say the percentage split is half and half—the non-earning spouse would be entitled to 25 percent of the total pension, or half of the money accrued in the half of the time the spouse had the job while married.

In addition, the NYPD and NYFD Variable Supplemental Fund (VSF) is subject to the equitable distribution process.

If an officer is injured on the job, he or she may be entitled to a disability pension, which might be considered marital property as well, depending on the circumstances.

For more information about property division issues to consider for a divorce involving an NYPD officer, contact an experienced Long Island divorce lawyer at Bryan L. Salamone & Associates.