Asset Division In "Common Law" Marriage Break-up

[Mike Corrigan]

A NY matter in a Queens court (NYC). A man-woman who lived together 20 years never legally married, no kids. Man is also 20 years older. Man catches woman "cheating", the "couple" part ways and retain separate attorneys for division of property which includes: a condo, stock portfolio, personal property. The settlement includes a section on pensions: each keeps whatever pensions they have. Problem? Woman is the only one with a pension --- a lucrative NYPD pension. Now man has no pension, no health insurance, and is forced to split other assets. During a settlement conference (on the record), man says he is happy with representation and happy with proposed settlement. Problem? Man is semi-literate, didn't know he was going to a settlement conference, and man's attorney sends a sub attorney that he meets for first time at the conference. Question: How can a person in man's situation know if opposing counsel just did a better job, or if his attorney may have committed malpractice. He spent $7K on his lawyer. Is the judge who signs off supposed to look at the terms to see if they make sense? Situations like this drive ordinary working people crazy and hurt the profession's reputation.

 

[rmet4nzkx]

The man is happy with his settlement, based of information provided, he is NOT entitled to her pension. There is no Common Law marriage in New York. If at some point in their relationship they established a common law marriage in say PA then he might have some claim. As it stands, what the court has approved seems equatible, unless there is some reason to appeal, which so far has not been demonstrated.