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 #281:
Hi, I am a 30-yr old mother of two, my kids dad and I have been married for almost 10 yrs come march, I do not have a job per the agreement we made while we were in the same household together, because he didn't want me to work, only to see about the kids and house, that was cool up until about 4 yrs ago when his mistress, with whom he lives with now, came on the scene. All I want to know is what i am entitled to or is there any type of financial help I can get. I do receive child support and one of my kids get SSI but it's still not enough to move into my own place and get a vehicle to carry my child back and to her doctor’s appointments which I do by myself. I just need to know what I am rightfully entitled to now that we are getting a divorce.

Answer:

If your husband has been supporting you during the course of your marriage while you were taking care of the children and maintaining the house, the court should require him to continue to provide you with spousal support until you have an opportunity to develop working skills and become self supporting. You should also get statutory child support for your two children and if you have a special needs child additional support seems in place.
Also any assets or monies that were acquired during the course of the marriage , no matter in whose name the assets our money are held, are considered marital property and generally are divided equally.
If you are living in the New York City metropolitan area, please call me at 212-370-1660 to arrange for a meeting for the three of us to discuss mediating your divorce.
It will be much cheaper, faster and less expensive than an adversarial divorce .

Leonard M. Weiner, Esq /Divorce Solutions
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