A Divorce Lawyer in NY with Financial Precision
Carla N. McKain, principal attorney at McKain Law PLLC, is a seasoned New York divorce attorney with a rare combination of experience in divorce law, retirement benefit division, and ERISA litigation. Her practice is built to support individuals navigating the complexities of divorce in New York State, especially when significant retirement assets and financial matters are involved.
Strategic Divorce Representation in New York
Ms. McKain represents clients across New York who are seeking clear, knowledgeable guidance through divorce. Her approach to 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
Determining child custody, parenting time, and child support arrangements when children are involved
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 other complex 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) before their case concludes—avoiding post-divorce delays and disputes.
She also:
Drafts QDROs for individuals who are already divorced but never finalized the required paperwork
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
Women’s Bar Association of the State of New York
Tompkins County Bar Association (Past President and current NYSBA delegate)
Why Clients Choose McKain Law for Divorce in New York
Clients turn to Ms. McKain when they want more than standard divorce representation. 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 statutory guidelines that consider 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 divorce and family law exclusively 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 accounts legally and avoid tax penalties. 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 executed.
How long does it take to get a divorce in New York?
The timeline for a New York divorce can vary depending on whether the case is uncontested or contested. Uncontested divorces can sometimes be resolved in a few months, while contested divorces may take a year or more, especially if there are disputes over custody, property, or support. 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 generally considered marital property. However, the court only divides the marital portion—not any retirement funds earned before or after the marriage. 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 my retirement accounts during divorce in NY?
The best way to protect your retirement savings is to ensure a fair and informed division of property, supported by accurate financial disclosure and strong legal advocacy. If you're the plan holder, a properly drafted QDRO can help you avoid penalties or delays. If you're receiving a portion of a spouse’s account, you'll want to make sure the QDRO is finalized and accepted by the plan.
What if we already divorced but never filed a QDRO?
You're not alone—many people discover after their divorce is finalized that they never submitted a QDRO for a retirement account 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 obtain delayed QDROs and recover the benefits outlined in their divorce decree.