Divorcing A Teacher

If your spouse is a teacher, then there are a few things you should know.  Virtually every teacher who is employed by a public school district has a pension.

The teacher’s pension is a defined benefit plan, which means that a specific monetary benefit is provided at their retirement.  The teacher’s spouse is entitled to the portion of that benefit that was earned during the marriage.  To determine the amount of that benefit, will typically involve obtaining an analysis and valuation of the benefit.  Furthermore, in order for the spouse to obtain their portion of the pension, a special Court Order (called a “Qualified Domestic Retirement Order” or “QDRO”) must be drafted and signed by the Court.

Teachers usually have a very good medical insurance plan.  After the divorce, that plan can continue to cover the children, yet the spouse will need to find a new medical insurance provider.  As the spouse you may want to start researching new medical insurance plans.

In evaluating child custody, teachers have the benefit of working the same or similar hours that their children go to school.  This means that they can be home when the children are home.  In those cases, a more flexible custody schedule may be easier to implement.  Regardless, as with all cases, the Court will determine custody with the “best interests of the child” standard.

If you are married to a teacher, and considering divorcing a teacher, contact David Badanes and the Badanes Law Office, P.C.  David Badanes has represented numerous clients where the spouse is a teacher.

Call 631-239-1702 to schedule a free consultation with Long Island divorce attorney David Badanes. The Badanes Law Office has offices in Northport and Uniondale.

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