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 #100:


I have been married for a year and a half. I believe there is infidelity on the part on my husband. I constantly find phone numbers, condoms (we don't use them), receipts for gifts bought for other women(I know for a fact they were for women), disappearing acts, etc. I tried to talk with my husband to get to the root of the problem which only further aggravated the situation. He decided that since I don't trust him, he was leaving and has been gone for about two months. In the meantime, I have been left without financial support and have gotten behind in my bills. We both worked, but my salary almost doubles his. This does not make handling the bills on my own any easier since without his income I am living above my means. What recourse do I have financially if I pursue separation financially? I would hate to be supporting him financially because I make more money. We have no children together, but I have three from a previous relationship. I want to separate, but I surely don't want to pay him for leaving me.


Answer:

Although you make approximately twice as much as your husband, since the duration of the marriage is only one year and a half, the amount and length of spousal support should not be that great. On the other hand, if you were both contributing your incomes to be able to live a certain lifestyle, he may in fact look to you for some sort of support, at least for a short term, until he can adjust to the new situation. It will all depend on the opinion of the judge who hears the case. For this reason, among others, I strongly suggest that you consider mediating your separation and ultimately the divorce which provides a forum for you and your spouse to work out the support issue without the interference of a third party judge. If you're living in the Greater New York City metropolitan area, please call me at 212-370-1660 to discuss the matter at greater length.

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