I received a NYS disability pension. Do I have to divide it with my spouse in case we get divorced?
The portion of the disability pension that represents compensation for personal injuries is your separate property but you bear the burden of proving the portion that reflects compensation for personal injuries. The portion of your disability that represents deferred compensation to which you would be entitled as the employee of the company but for the injuries is marital property subject to equitable distribution. So, if you can't show which portion of your PI award is for personal injuries and which portion is deferred compensation, the court will distribute the entire award.