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 #212:
I'm writing to inquire about 2 things.
First- my husband (of 20+ yrs) and i want to get an amicable and uncontesable divorce- and we are both residents of NY. My husband said that he will agree to any " reasonable" request i ask... plus i want to leave the state of NY permanently. Hubbie is an officer in the FDNY and i have been unemployed for many years -being a homemaker and raising our daughter who is now a legal adult. However -I did work for 2 years (2001-2003) but had 3 heart attacks - now living with Congestive Heart Failure, ACS and COPD after stent implants and a triple bypass.
We own our co-op outright. In addition to a fair financial amount i have discussed with him -plus a monthly allowance(which i am sure he will agree with)...
what else should i consider ... ie: his FDNY pension , any other pension plans he may have, medical & prescription plan (although i plan on moving immediately to another state after divorce),and will i still be eligible to collect on his social security when he and i are of age - even though he is 54 and i am almost 50(if i live long enough I am unable to collect SS disability as i did not pay into social security since 1992.)?

This is not something that just came over us overnite- it has been in the making for the past 2 years-and although we live under the same roof- we sleep in separate rooms.

*****Also- what would the legal fees for a situation such as this amount to in total for both parties- and do we each need a lawyer or can we just have one?
Thank you for your time.

Answer:


Since you are in a marriage of long duration and have not worked much, you should receive
spousal support from your husband. You must have an experienced, matrimonial attorney prepare the
documentation and help you work out the details, especially the division of the social security benefits.
If you are located in the NYC metro area, please call me at 212-370-1660 to discuss the matter at greater length.

Leonard Weinmer, Esq./Divorce Solutions
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