A Divorce Lawyer in NY with the Right Level of Financial Focus
Carla N. McKain, principal attorney at McKain Law PLLC, is a New York divorce attorney with a rare combination of experience in divorce law, retirement benefit divisions, and employee benefit plans governed by ERISA. . Her practice is focused on educating and supporting individuals navigating the complexities of divorce in New York State so that they understand where they will land financially after the divorce is final.
Divorce Representation in New York
Ms. McKain represents clients in New York who seek a clear understanding of divorce law and procedure, and the role of the courts in that process.. Her primary responsibilities in divorce cases includes:
Collecting and analyzing financial records to support equitable distribution of marital assets and debts
Accurately calculating spousal maintenance (alimony) based on New York State formulas and individual circumstances
Advising on child custody and visitation , and calculating child support when the parties have children
With her background in ERISA law and retirement benefits, she offers an added layer of protection for clients facing the division of pensions, 401(k)s, and related assets—helping them secure long-term financial stability.
Retirement Division Done Right
As a trusted New York Divorce Attorney also offering specialized QDRO support, Ms. McKain handles the division of retirement accounts with precision. She ensures that her divorce clients receive valid, court-approved Qualified Domestic Relations Orders (QDROs) or similar orders before their case concludes—avoiding post-divorce delays and disputes.
She also:
Drafts and processes QDROs for individuals who are already divorced but did not have not completed that process
Advises other divorce lawyers on retirement benefit rules and plan compliance
Communicates with retirement plan administrators to ensure QDRO acceptance and implementation
If you’re concerned about dividing retirement accounts in divorce, McKain Law PLLC provides the legal knowledge and follow-through you need.
Legal Credentials & Bar Memberships
Carla N. McKain earned her J.D. from American University Washington College of Law and her B.A. from Binghamton University. She is licensed to practice law in New York State, multiple federal district courts, and the Second Circuit Court of Appeals.
She remains active in the New York legal community as a member of:
New York State Bar Association
Tompkins County Bar Association (Past President and current NYSBA delegate for TCBA)
Why Clients Choose McKain Law for Divorce in New York
Clients turn to Ms. McKain when they want to understand the divorce process and how the legal system typically treats marital assets, which often differs from their expectations. . With extensive experience in dividing retirement assets, drafting QDROs, and litigating ERISA-related disputes, she helps clients protect what matters most during divorce.
If you’re looking for a divorce lawyer in NY who understands both the legal and financial dimensions of your case, contact McKain Law PLLC today.
Common Questions around the NY Divorce Process
What is considered marital property in a New York divorce?
In New York, marital property typically includes assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title. This may include homes, vehicles, bank accounts, retirement plans, and more. The court uses an equitable distribution model, meaning property is divided fairly—though not always equally. Every situation is unique, so it's important to work with a divorce attorney who can help assess and document all shared assets.
How is spousal support (alimony) calculated in New York?
Spousal support in New York is calculated using a statutory formula that considers each spouse’s income, the length of the marriage, and additional factors like age, health, and earning capacity. There are formulas for both temporary and post-divorce maintenance, but courts can adjust amounts based on circumstances. A divorce attorney can help you understand what you may be expected to pay or receive.
What happens to retirement accounts during a divorce in New York?
Retirement accounts such as pensions, 401(k)s, and IRAs are typically considered marital property if they were accrued during the marriage. Dividing these accounts often requires a legal document called a Qualified Domestic Relations Order (QDRO). Having an attorney with experience in both divorce law and retirement benefit rules is essential to ensure these assets are divided properly—and that the QDRO is accepted by the plan administrator.
Are you only licensed in New York?
Ms. McKain is licensed to practice in New York State and can therefore only represent clients seeking a divorce in New York State. However, for ERISA and QDRO-related matters, she works with clients and attorneys nationwide. Whether you need help dividing a retirement plan after divorce or guidance on plan-specific requirements, McKain Law PLLC offers national support in these areas.
Do I need a QDRO during my divorce in New York?
If you or your spouse have retirement benefits earned during the marriage, you likely need a QDRO to divide those benefits . Without a finalized QDRO, you may not receive the benefits you’re entitled to—even if they were awarded in your divorce settlement. An attorney experienced in QDRO drafting and plan compliance can help ensure the order is properly drafted and processed so the awarded share of retirement benefits is actually received.
How long does it take to get a divorce in New York?
The timeline for a New York divorce varies depending on the circumstances and the cooperation level of the parties and attorneys. Divorces can sometimes be resolved in a few months while others may take a year or more. The complexity of your assets and your spouse’s level of cooperation can greatly impact the timing.
Can I keep my pension in a New York divorce?
That depends on when the pension was earned. In New York, the portion of a pension earned during the marriage is marital property, and the formula for dividing a pension excludes the portions earned before or after the marriage. Other retirement benefits, like 401(k) plans, are divided equally but typically use a tracing method. With the right legal and financial strategy, it's possible to negotiate different asset divisions to offset retirement splits.
What happens if my spouse doesn’t want a divorce in New York?
New York is a no-fault divorce state, which means you can still move forward with a divorce even if your spouse doesn’t agree. The process may take longer and become contested, but you do not need your spouse’s consent to file or finalize the divorce. An experienced divorce lawyer can help guide you through the steps if cooperation is limited.
How do I protect retirement benefits I am entitled to during divorce in NY?
The best way to protect the share of retirement savings you are entitled to is to use an attorney who understands the features that are built into different types of retirement plans , supported by accurate financial disclosure. There are benefits to both the plan participant and the alternate payee to promptly submitting a QDRO to the plans at issue.
What if we already divorced but never filed a QDRO?
You're not alone—many people discover after their divorce is finalized that their divorce attorney never submitted a QDRO for a retirement plan division. Fortunately, it’s still possible to draft and file a QDRO after divorce. McKain Law PLLC works with individuals across the country to help them draft and process QDROs and recover the benefits outlined in their divorce decree.