Evans Mills, NY Divorce Law Firms & Lawyers

In New York, abandonment is a ground for a divorce provided that you have been absent from the residence for a period of one year.  Should there be a "lockout" from the residence, then your time outside the residence would not accrue. Generally, when someone leaves the marital residence and begins to reside elsewhere, the spouse who remained in the marital residence will be successful if they petition the Court for exclusive use and occupancy of the residence.  Without any pending divorce action or family court proceeding or criminal proceeding in which there is an order of protection or order of exclusive use and occupancy of the marital residence, you may be successful in returning to the marital residence at the present time. Before you undertake any actions to return to the residence to reside, you should consult with an experienced matrimonial attorney in your area. - Alfred Polizzotto, III

YES. You are absolutely entitled. There is a statutory formula that takes into account how many years you were married and how many years he was working at that job during the marriage. Your pension share is based on those two variables. It could be worth an enormous amount of money for you, so don't let anyone tell you otherwise.