What's happening
This bill requires courts to treat the date of divorce as the retirement date when dividing New York state pensions in divorces.
Why it matters
Ensures fairer pension division. By treating the divorce date as the retirement date for New York state employees, the law prevents ex-spouses from benefiting from pension growth that occurs after the marriage has ended, which could otherwise lead to windfalls or unfair outcomes.
Reduces post-divorce financial disputes. This change provides clear guidance for courts, reducing uncertainty and litigation over how much of a pension should be considered marital versus separate property, which can streamline divorce proceedings and decrease legal costs.
Aligns with equitable distribution principles. The amendment reinforces the idea that only assets earned or accrued during the marriage should be split, protecting the financial interests of the employee spouse in their post-divorce career and retirement years.
Impacts future divorces only. The change applies only to those who retire on or after the law’s effective date, so it won’t affect individuals who are already retired or whose divorces are finalized before that date, offering clarity and predictability for planning.
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Who cares
Headline styles
Divorce Date Sets Pension Split
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Print number 9593a
- Amend and recommit to judiciary
- Referred to judiciary
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
9593--A
IN ASSEMBLY
January 21, 2026
Introduced by M. of A. JENSEN -- read once and referred to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the domestic relations law, in relation to the distribution of New York state pensions at the time of divorce
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subparagraph 4 of paragraph d of subdivision 5 of part B of section 236 of the domestic relations law, as amended by chapter 281 of the laws of 1980, is amended to read as follows:
(4) the loss of inheritance and pension rights upon dissolution of the marriage as of the date of dissolution, provided, however, when calculating such pension rights, the court shall consider the date of dissolution for persons who work for the state of New York the same as if such person retired from the state of New York;
§ 2. This act shall take effect on the sixtieth day after it shall have become a law and shall apply to those who retire on or after such effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14408-02-6
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.