FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY
My father resides in and works for NY state. My mother had an affair and has not been in the home for 2.5yrs. What laws, if any, protect my father and his retirement fund after the divorce?
There are no laws that protect your father's retirement fund. Your parents must enter into a legal separation in order to protect the assets which they acquire during the course of the marriage from the claims of the other spouse. Until that is done, they are still continued to be deemed legally married and have an interest in the assets acquired by the other party.
If they are living in the New York City metropolitan area , I strongly suggest they call me at 212-370-1660 to discuss mediating their separation and divorce. It will save them time, money, and aggravation. It is time they properly dealt with their separation so that they may legally get on with their lives without the fear of interference by the other party.
Leonard M. Weiner, Esq./Divorce Solutions