Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #63:
After 20 yrs of marriage and 2 children (ages 12 & 7) my husband wants a divorce. I have not worked outside the home since my 12 yr old was born. I know NYS allows 25% of my husband's income for child support, but I would like to know if I can collect money in addition to that. Is it reasonable to expect my husband to pay the mortgage while my children and I live in the house and if so, is this usually only done until the children are 18? I also would like to receive part of his profit sharing account, stock option account and retirement account and can I receive part of the future value that will go into these accounts? Can I obtain full ownership of the house and give up my right to the retirement plan? I have no college degree and worked while he completed college and went on to get his Master Degree. Thank you.
Answer:
You should receive a portion of your husband's retirement account which was earned during the course of the marriage and some spousal support as well as child support if you will be the residential parent. The other issues regarding the house, the mortgage, and trading one interest for another will depend on either your working out a settlement with your husband or getting the judge to order such an arrangement. I strongly suggest you consider divorce mediation to resolve the outstanding issues and to make sure the agreement is legal and binding. If you are located in the NYC metropolitan area please call me at 212-370-1660 to discuss the matter in greater length.
Leonard Weiner,Esq / Divorce Solutions
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