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 #247:
I have a question. My wife decided after 1 year and 10 months that she no longer wants to be with me. I tried going to counseling with her and she was only going for me. We finally went our separate ways. I live in the house that I bought, and bought before we were married. She is now living in a house rented, with 2 other males. She has not signed the separation agreement, and refuses to call my lawyer back. She thinks she is entitled to half my savings. Savings is in my name not hers at all. We filed 2 tax returns together and wedding money that was in the account, (all money was put into my savings account, nor a joint account) roughly 20k, this money was spent on 4 vacations and furnishings for the home which we split up. However what is left in my savings is the same amount the day BEFORE we got married. Is she entitled to half my savings even know that 20k was spent?

Answer:


Any money earned or acquired prior to the marriage and kept in a separate account is separate property and not marital property. By comingling money you received as gifts at your wedding with your individual monies you have “ muddied the waters” somewhat but I believe that if you can accurately account for the monies that were yours prior to the marriage in that account and can substantiate the expenses you claim were used for mutual vacations and furnishings which were ultimately divided by you and your spouse, you should be able to claim the balance as your separate property and not marital property and as such your wife will have no claim to such remaining moneys in the account.

I strongly suggest that you consider mediating rather than litigating your Divorce. It is less costly and emotionally draining and your spouse may be more inclined to cooperate.
If you living in the New York City metropolitan area, please call me at 212-370-1660 to arrange for a meeting to discuss the matter at greater length.

If Leonard M. Weiner, Esq./Divorce Solutions
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