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 #91:


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.



Answer:




Answer:


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
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