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

MEDIATION V. LITIGATION - DIVORCE SOLUTIONS SERVICES

Question #21:
My wife decided she wants out of the marriage because she doesn't love me. We own our own home, have two children and have no other debts. We have amicably made an agreement. She does not want maintenance or any of my pension. Is there any reason that I could be forced to pay maintenance if she declines it. We have also agreed that she can remain the occupant of our home with the children for seven yrs. or when my daughter reaches 18 yrs. old. The house will then be sold and the proceeds split 50/50. Cohabitation will not be allowed. Is there a problem with any of our agreement as you see it? Thank you.
Answer:
In order to concretize your understanding regarding the above issues, you must reduce them to writing in a Separation Agreement which you both must sign. There are other issues that also must be determined, such as child custody, and child support, payment for educational and medical costs of the children. All these and other issues, including determining and dividing the marital property must be done and reduced to writing.

I recommend that you contact an attorney-mediator in your area who has training and experience in divorce matters to provide you with professional assistance.

Leonard M. Weiner, Esq./Divorce Solutions

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