Here is one of the dangers lurking behind doing your own separation agreement, which must dispose of all existing marital assets when written and cannot be changed later, unless both parties agree (which never happens). The Majuskas case you refer to was a 1984 case decided by New York's highest Court of Appeals.All vested rights in a noncontributory pension plan are marital property to the extent that these rights were acquired between the date of the marriage and the commencement of a matrimonial action, even though the pension is not in payout at that time.The non-pensioned spouse is entitled to an equitable (fair) portion of the present value of that part of the pension (and 401K) earned during the marriage. The present value of your husband's pension must be determined by an "actuary," who will use the Majuskas formula described above. You would then be entitled to a dollar amount representing 50% of the value accrued during the marriage years (after tax-impacting), which your husband must pay to you. This amount must be listed in your agreement.
If he balks at this, get an attorney to represent you. These pension values and 401K's are usually pretty hefty.
Trust me. They are well worth fighting for!
