A New York Supreme Court judge has ruled that a woman is entitled to her share of her ex-husband's retirement benefits following a lengthy divorce dispute. The ruling, made on February 10, 2026, affects both parties, particularly the defendant, who has been struggling financially and relies on disability income. This decision emphasizes the importance of adhering to divorce agreements regarding equitable distribution of assets.

The case, JT v. GT, was filed under docket number 2026 NY Slip Op 50430(U) in Richmond County. The court's decision comes after years of delay in implementing the terms of the couple's divorce agreement, which was finalized in 2008. The ruling highlights the court's commitment to enforcing marital agreements and protecting the rights of both parties involved.

Background

The parties in this case are JT (the plaintiff) and GT (the defendant). They were married for several years before divorcing in January 2008. During the divorce proceedings, the couple reached an oral stipulation on April 3, 2006, which was incorporated into their final judgment. This stipulation stated that all retirement benefits accumulated during their marriage would be subject to equitable distribution based on the Majauskas formula, which is a method used to divide pension benefits in New York.

Despite the clear terms of their agreement, GT claimed that no Qualified Domestic Relations Orders (QDROs) were prepared or submitted for approval after the divorce. GT alleged that JT retired in late 2023 or early 2024 and began receiving retirement benefits, but she had not received her marital share. GT, who has been found totally disabled and relies on Social Security disability benefits, sought the court's help to enforce the distribution of retirement benefits as per their divorce agreement.

The Ruling

The court, presided over by Justice Ronald Castorina Jr., ruled in favor of GT, stating that she is entitled to her marital share of JT's retirement benefits. The court emphasized that the stipulation clearly established GT's entitlement to these benefits, which were incorporated into the Judgment of Divorce. Justice Castorina noted, "The passage of time does not nullify binding agreements nor permit one party to retain marital assets to the exclusion of the other."

The court ordered JT to produce all relevant financial documentation related to his retirement accounts and to cooperate in the preparation of QDROs. The judge also ruled that GT is entitled to retroactive payments from the date JT began receiving benefits, along with passive gains and losses attributable to her marital share of JT's 401(k) and ESOP accounts. Furthermore, the court awarded GT $5,000 in counsel fees, stating that the prolonged failure to implement the parties' agreement necessitated this award.

Impact

This ruling has significant implications for both parties. For GT, it means she will finally receive a portion of the retirement benefits she was entitled to under their divorce agreement. This decision reinforces the importance of adhering to stipulations made during divorce proceedings, particularly regarding financial matters. Moreover, it highlights the court's role in enforcing such agreements, ensuring that one party does not unjustly benefit at the expense of the other.

For JT, the ruling may serve as a reminder of the legal obligations that arise from divorce agreements. The court's decision to enforce the distribution of retirement benefits despite the delays emphasizes that parties cannot simply ignore their responsibilities. This case may also set a precedent for similar cases in the future, reinforcing the need for compliance with divorce agreements and the equitable distribution of marital assets.

What's Next

JT has the option to appeal the court's ruling, but details regarding any potential appeal were not available in the court filing. Meanwhile, GT may proceed with obtaining the necessary documentation to enforce the court's order and ensure that her marital share of retirement benefits is distributed accordingly.