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 #67:
My husband and I have been married (NY) for 8 1/2 years. Due to his problems, we have not had sexual relations for at least 8 years. My husband has supported me for the entire marriage while I pursued an independent (and not self supporting) career interest. His present retirement assets (he is retired for the past 3 years) are nearly $1,000,000. For the first five years of our marriage (before he retired) he was still contributing to that account. Am I entitled to part of that account? I don't want to break him, I just want a fresh start.
Answer:
You are entitled to approximately half of all the assets acquired by your husband during the course of your marriage (i.e. 8.5 years). He is also obligated to provide you with some form of spousal maintenance until you can reasonably acquire the skills to become self supporting. You should seriously consider mediating your divorce with an experienced attorney- divorce mediator who can help you both. Good Luck!Leonard M. Weiner, Esq./Divorce Solutions
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