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 #102:


Question:


my wife and i are have been separated for a year----we have three children--17--14--12-----we have been married for 19 years---she resides in ny with my 17 year old---my 14 and 12 year old live with me----i live with my twq children in pa----i lived in pa the last year ---we want a divorse ----what state would be better to divorse in---she never worked---i paid for everything---what will she be entitled to---i am a school teacher for 24 years--i will be teaching in pa this year---pension--retirement--percent of salary------please advise thank you----


Answer:



Answer:


Since your wife is living in New York State for a number of years with one of your minor children and you are living in Pennsylvania for approximately one year , it would seem best to file in New York. She will be entitled to approximately one-half of all of the marital assets, which include all monies and possessions including real property acquired or earned during the course of the marriage unless acquired by inheritance or gift and kept separate . She will also be entitled to a portion of your pension and any other retirement accounts that you may have which you contributed to during the course of your marriage. I strongly suggest that you mediate this divorce rather than litigate it. Please call me at 212-370-1660 to arrange for a meeting between you and your life and me to discuss the matter at greater length.


Leonard M. Weiner , Esq ./Divorce Solutions
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