How Does Divorce Affect LGBTQ+ Co...

How Does Divorce Affect LGBTQ+ Couples' Retirement and Survivor Benefits? - Juan Luciano

BSPE Legal Marketing Podcast by Viktoria Altman
S5 · E544
Sep 14, 2026
03:01

Episode notes

From Juan Luciano Divorce Lawyer - How Does Divorce Affect LGBTQ+ Couples' Retirement and Survivor Benefits? looks at how New York handles retirement and survivor benefit issues in LGBTQ+ divorce cases. The discussion covers how equitable distribution rules apply to retirement accounts and pensions, and how the marital portion of these assets can be divided when a marriage ends.

The episode explains how different types of retirement assets require different orders or processes to divide, including plans covered by ERISA and pensions through the New York State and Local Retirement System. It also touches on how divorced spouse benefits can depend on how long a relationship lasted, and how that duration can be counted differently depending on the type of legal relationship involved.

Listeners will also hear about how marriage length can affect both New York property division and federal benefit eligibility, particularly for same-sex couples whose relationships began before they were legally able to marry. The episode touches on how pension survivor rights after divorce depend on the specific retirement plan and the terms of any required court order.

Juan Luciano Divorce Lawyer - Bronx handles divorce and family law matters involving retirement accounts, pensions, and financial issues arising from long-term same-sex relationships in New York. Listeners can call (718) 519-8336 to schedule a consultation regarding retirement and survivor benefit questions in an LGBTQ+ divorce.


Juan Luciano Divorce Lawyer - Bronx

187 E 163rd St, Bronx, NY 10451

(718) 519-8336

https://www.google.com/maps?cid=12209259138199663041

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