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 #78:
I'm getting divorce with my husband. We are in the middle of Negotiation right now for property division. My EX-husband is rich and I am not. We been married for 12 years. He owns a company and I work with him for 11 years and I was underpaid. Before we got married, he slapped me with the pre-nup the day before the wedding. I was not properly represented by an attorney who my husband called to represent me. I met this lawyer the day of the signing. Now my EX- just wanted to give me a lump sum of $350,000 , $350,000 share for the house, $1500 alimony for 2 years, $1500 child support. My lawyer think that I should fight because what he is giving me is not enough. But my bills is building up,and my husband will not pay for my lawyer's fee. I tried to avoid going to court because it's emotionally draining and I don't want my son to be affected psychologically. My question is there a possibility that the pre-nup agreement will be thrown out by the judge because I was not properly represented and the pre-nup are all in favor to my EX? How long do you think would this divorce end if I have to go to court? Do you think that I should just accept what he is giving me and go on with my life? In the back of my mind I wanted to fight him in court and let the judge decide what is fair for me and for my son but emotionally I think I cannot handle it and also I am afraid that it might turn out against my favor. Do you think that what he is offering me child support, lump sum and alimony is fair? By the way he makes 100,000 a year.Please, please help, I need your respond a soon as possible, they said this was there last final offer, if we don't accept it, they will proceed the court.
Answer:
It is impossible for me to accurately assess the total value of your marital property from the few items you mention in your letter. To properly ascertain the true net worth of your husband and to determine the full extent of the marital assets, we would need to get a sworn net worth statement from your husband and investigate whether he has truely disclosed all of his assets and income. Until you do that you cannot know whether the offer is good or bad. With regard to the pre-nuptial agreement, again I must review it in detail to see how egregious it really is and its recognition or not would depend on the judge. From what you say, it sounds like you would have a good chance of challenging the agreement. If you do not have your own funds to pay your attorney the court will make your husband pay . If you feel you are really being unjustly treated you should refuse his offer. Have the courage to protect your interests;your future financial well being and that of your son depends on it! There is an alternative to protracted and lengthy litigation in court. I strongly suggest you consider mediating your divorce. It will be less costly and emotionally draining on all parties, including your son and is conducted in the quiet of my office instead in the courtroom or its corridors. If you are located in the NYC metro area, please call me at 212-370-1660 to discuss the matter further. GOOD LUCK!
Leonard M. Weiner, Esq / Divorce Solutions
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