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 #179:
I have been married for 16 years to my current husband. I just recently discovered he is having an affair. This is his second (that I know) affair in the past two years. He wants a divorce. This is the complicated part. Many years back, we had decided that I would stay home to raise our children. When the time came I did just that. 16 years later,8 kids, two college degrees for him and loss opportunities for my career advancement, he decides he doesn't want this marriage any longer (He is still continuing his affair). I am unemployed and need time to develop skills to reenter the job market. He is planning to put the house up for sale and move-on with his life. How can I protect my kids and me from having him leave us homeless and without financial resources? Can I regain some monetary value for helping him advance in his career while I was the responsible one at home? Should I file for a separation if I ask him to leave the house?
Answer:
If the house was acquired during the course of the marriage with funds earned during the marriage, the house is marital property and you would have an approximate one half interest in it no matter how title is held. If you were to file for divorce, your husband would
be ordered by the court to provide both child support and spousal support. If he has a professional practice or business he developed during the marriage, you would have an interest in it as well. Do not be intimidated by his threats.

If you are living in the NYC metro area, please call me at 212-370-1660 to discuss the matter in greater length.

Leonard M. Weiner, Esq./Divorce Solutions

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