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 #293:


I looked on your website and could not find my exact situation:

My husband and I have been married for 4 years 7 months and we have (2) children together 11 and 4. He has decided to move out of the home where we currently reside in he owns the condo. The condo we reside in as been put on the market as a short sale and is in the process of being sold as it has already been approved.

He is now moving to a new apartment alone in 2 weeks and states I can reside in the condo until the short sale comes through.

Under my definition isn't this abandonment? I work FT, and he is a NYPD and retires next year. also works PT as a professor. Our 11 year old attends private school, and the younger one is in a private FT daycare, which I currently pay for. I cannot afford to pay their schooling and other bills in the home and also leave to find a new place. He is not talking about payments and seems to feel that as long as we are still living at the condo that is his contribution. We are all under his medical insurance as well. We do not have any property or assets together the home is under his name and was purchased before we got married.

I would like to know what are the steps I need to take to once he moves out in 2 weeks.

Thank you.


Answer:


If your husband has been supporting the family during the course of the marriage and his income is greater than yours, he will be required to provide support for both you and the children. He cannot simply leave you in the apartment and have no further financial obligation to you or the children. He will also be responsible to provide financial assistance for their health, education, and general welfare, including school tuition, clothing, summer activities, etc.
If you are living in the New York City metropolitan area, please call me at 212-370-1660 to discuss the matter at greater length.
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Leonard M. Weiner, Esq / Divorce Solutions
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