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 #232:
My husband and I were married in PR on a cruise ship. I have been with him since 2003 married 3 years now.
I have left my job to help him raise his kids 14 and 12. He asked me and I agreed as I was let go from my job a year ago.
I have worked part time to help with the finances but I was making 55k+ a year.
He is in a custody battle with his ex now for the kids.
I have 3+ years of journals of incidents that has happened with his ex and kids that it has ruined our marriage.
I always bought the extras in this house...Christmas, B-days for his kids, clothes, last minute parties I put together, been there to pick up his kids from school, emergencies, homework time....etc even when his ex did not have no one to do I was there. There has been a time or two that she has tried to physically attack me since this custody battle has been going on.

I know we have investments in our names and such, but I want to know if I can get some kind of alimony or relocation help or something to help me get back on my feet. I also had to wait 3 years for his ex to get off the insurance for him to out me on his insurance as it was indicated on his divorce papers with his ex.
He is the bread winner in this house (VP for JPMorgan for 27+ years) and I supported everyone emotionally and such.
We have no kids together. I just want to know where I stand to get out of this marriage b/c I given up a career as an accountant to be home for him and his kids!

Answer:

If he has been supporting you during the marriage he will have to provide you with some spousal support to allow you to get on your feet and retrain or find employment in your field. Whatever assets were acquired during the marriage, regardless of in whose name the assets are held, is marital property and generally should be divided equally. If you have investments in both names, you are entitled to half those investments.
If you are living in the NYC metro area, please call me at 212-370-1660 to discuss mediating your divorce.

Leonard M. Weiner, Esq./Divorce Solutions
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