FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY
I live in NYS and have been married for almost 8 years. We have no children. My husband and I went to marriage counseling but after a few visits my husband said he does not think that the marriage will work. We have stopped therapy and now occupy the same house in separate rooms. We always shared expenses for the house even though my husband has always earned more money. If we seek divorce, will he be able to walk away from the marriage without compensating me financially? I don't expect to receive alimony and I want to stay in the house we bought together. Is he financially responsible towards me in any way so that I can afford to stay in my home? Thank You.Answer:
With regard to the individual contributions made by each of you to the purchase and upkeep of the home, you both appear to have an equal interest in the home which, if purchased with Marital Property (see definition in earlier email answer) belongs equally to you both.Back to content
With regard to spousal maintenance, if he is indeed earning much more than you are, the court would most likely provide you with some additional maintenance for a limited number of years to give you a chance to adjust to the new financial circumstances.
If you are both insisting on keeping the house, and there are not minor children involved, the court will generally require that the house be sold.
If you are in the New York City metropolitan area I strongly recommend that you call me at 212-370-1660 to see if we may be able to arrange for divorce mediation which would help you and your spouse arrive at a settlement which could meet the needs of both parties.
Leonard M. Weiner, Esq./Divorce Solutions