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 #222:
My question is what are marital assets? I have no issue with physical possessions and those can be divided equally. My problem is that my wife refuses to engage in sexual relations with me and I am very tired with this issue. If she no longer loves me then I can live with that. Can I divorce her on that issue in the state of new york?

I live in Upstate area and would like to know. We have two children together who are 7 and 9. We both earn equal amount but seem to no longer love each other and that issue is spilling over into our relationship with our children.

Thanks.

Answer:


Generally, marital assets are any assets or money earned or acquired by either party during the marriage
regardless of in whose name title is held except for gifts, or inheritances which are kept in separate accounts and not commingled with marital assets.

If one party refuses to have sexual relations with the other party for a year or more prior to filing for divorce
one can file for divorce based on what is called "Constructive Abandonment".

If you are in the NYC metro area, I strongly suggest you call me to discuss mediating your divorce.
It will be less expensive , faster and most important, less traumatic on you and your kids.

Leonard M. Weiner, Esq./Divorce Solutions
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