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 #152:

My husband and I have been separated for two years now, married for 7 years. I finally left after several attempts and have not gone back since. He carries the insurance on me an my child. He is not the biological father, nor was she ever adopted by him. I let her see him when he asks or when she ask. I've been scared to file for divorce because, I only make $10 hr. I will not be able to afford health insurance. He makes like $45,000 yr including bonus money every quarter. We had land on contract for deed, which I signed over to him after I left. We lived in a mobile home on the land which was his prior to the marriage. We purchased a 4-wheeler together which I signed for because his credit was bad. He promised to pay for the 4 wheeler if I would put it in my name. Needless to say it wasn't long and he stopped paying the $150 month bill. It's been in collections every since, like 6 years I suppose. When I left I had no way to take the 4-wheeler with me, I asked him to bring it to my parents' house. He never has and continues to use it everyday.
Is waiting to get a divorce hurting my chances at receiving maintenance? Can I receive it at all? I have a boyfriend now. He is convinced this is why I left him. I left because he is an alcoholic, and I didn't want to deal with the mental, sometimes physical abuse any longer. I did not want to raise my child in that environment either, only to have her grow up thinking it was normal relationship and end up in the same predicament. What advice can you give me?

Answer:

You should not have been so eager to sign over the property. You could have used that as leverage in order to have your husband assume the debt on the four wheeler and provide you with spousal maintenance.

I do not see any benefit in procrastinating the filing for divorce. If you are unable to pay for the divorce process,
the court will require your husband to pay for your attorney's fees. If you are unable to pay for
health insurance, the court will require your husband to pay the health insurance costs
and provide you with some spousal maintenance.

Please beware however , that if you are living with another man, your husband may not be required to provide spousal maintenance to you.


Leonard M. Weiner, Esq./ Divorce Solutions
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