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 #244:
Have been married for 23 years, have three daughters 22, still living at home, 20 at college, 16 at home
My husband has e-mailed me to tell me he is moving out, he needs to have a life, has contacted a lawyer and want s to be fair .
He has been having affairs with many women these past 4 years. I work a part time job in upstate NY, he works
Full time in NJ, has his own electrical business in upstate NY and also bartends at a catering hall. Slowly he
Has been moving things from the house that was purchased in the marriage, flat bed trailer, wine making supplies(very expensive items)
Snow blower etc. also he has started to turn in stock that was bonuses from his job in NJ and took a loan from his 401K
My questions are, can I still have claim on these items as 50/50 property , if he turned in stock and spent on himself do I have claim,
His electrical business make good money but he gets paid in cash or does not claim it on taxes how do I prove this, also with the bartending
Mostly paid under the table and claims no tips. How do I prove what he makes?

Answer:

Any marital assets that were taken from the home in anticipation of the separation or divorce
Must be accounted for in any divorce or separation proceeding. Keep a record of these items
And any receipt you have regarding their value for future reference.
Your husband’s retirement account, to the extent it was earned during the course of the marriage, is also marital property,
And any loans he takes out against its value will be credited against his share in the event of a separation or divorce.
Most experienced matrimonial judges are familiar with a spouse earning cash which doesn’t appear on his/her tax returns,
And we’ll make a concerted effort to find out or estimate what the real income is.

I strongly suggest you try mediating your separation and divorce with an experienced Atty.-mediator in your jurisdiction
Who can help you resolve your matters without having to litigate in court .

Leonard M. Weiner, Esq./ Divorce Solutions
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