FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY
We reside in Upstate NY and think we can separate amicably. We have one 14 y/o daughter. But...neither of us want to leave the house. I know with $30M income, I could not afford to live on my own.. Can you be legally separated and reside in the same house? We have been married 28 years. Also, he feels he owes me nothing (alimony). I have worked since I was 17. We want joint custody of our daughter, but my question, I want the house...what are my chances???? Thanks.Answer:
You did not mention whether your husband was working and what his income is. An essential part of every separation agreement deals with the question of spousal support. If your husband is earning considerably more than you, you will be entitled to some spousal support for a period of time. Part of that support will be to help you pay the mortgage on the house. He may say that he doesn't want to provide you with "alimony", but if he is earning more than you, the court will force him to contribute to your support. He will also be required to contribute to the support of your child based on his income.Back to content
Since your daughter is still a minor, if you were granted custody of the child, the court would most likely allow you and your child to remain in the marital home until she completes school. Once your child leaves the marital house, you may then both decide to sell the house and divide the proceeds after all expenses have been paid.
If you are located somewhere in the New York City metropolitan area, please call me at 212-370-1660 to discuss this matter at greater length.
Leonard M. Weiner, Esq./Divorce Solutions