FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY
I have been separated since February 1, 2001. We have been
married for 5 years.
My husband just received a disability/early retirement package from his job.
I'm not sure of all of the terms and conditions, but am I entitled to
any of this compensation? Am I entitled to half of his pension?
Also, I have bankbooks in my name prior to marriage with a lot
of money in them. I also purchased our apartment with that money and
the apartment is in my name only. Can I deem this apartment separate property?
He seems to think he contributed to that bankbook, but he was always on
disability or workers compensation, so whatever he made went to our rent
at the time and the expenses that came along with that.
Disability- If this payment is a result of some injury or accident
and is in lieu of insurance , it is most likely not marital property and
you do not have any claim to it.
Early retirement - Pension - You do have a claim to approximately one half
of the pension earned during the course of your marriage.
Bankbooks and apartment - If the money and property were acquired by
you prior to marriage and kept in your name , they are separate property
and not marital property and belong exclusively to you.
You mentioned being separated from your husband, was this
a legal separation and was there a Separation Agreement?
It is essential to take care of these matters properly!
If you are living in the NYC metro area please call me to
discuss mediating your divorce and preparing the needed legal papers.
Leonard M. Weiner, Esq. /Divorce Solutions