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 #85:


I'm a 30 year old married women with 2 children. One is autistic.

I do not work. I have a house with some debt and my husband has recently told me

that he wants a divorce. He has said that I need to get out of our house so he can "start over". Please

help me and tell me what my rights are. I am totally involved with my children, especially my son. He is in an autistic program that requires

a lot of attention which prohibits me from having any kind of decent paying job. My husband is not involved with my son at all and

only sometimes spends time with our daughter. He is cheating on me and says he wants out. He now has said he will take custody of the kids too.

I have so many questions, little money, and need a place to start. Help



Answer:




ANSWER:


You did not indicate which state you are residing in but in

most states you would be entitled to approximately half of all

your marital assets - any assets purchased during the marriage from money

earned during the course of the marriage (e.g. house, car, 401K's etc.).

Since you are residing in the house with

your autistic child and you would most likely be awarded custody of your children,

the court would most likely award you occupancy of the

house until the youngest child is 18 or so. Do not move out!


You will also be entitled to some form of spousal support

as long as you must be home with the child and until you can

get a job to support yourself.

If your husband refuses to provide support to you, you can make a motion to the court to

force him to provide interim support until the final matter is decided.


I strongly suggest you consider mediating your divorce. If you are located in the NYC metro

area please call me at 212-370-1660 to discuss the matter in greater length.


GOOD LUCK!


Leonard M. Weiner, Esq.\Divorce Solutions
Back to content