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 #294:
I have been married for approx. 3 months. Prior to the marriage I was a widower and retired with a city pension. My home is in my name and since the marriage I have continued to solely pay for the mortgage and expenses on the home. I made home improvements that were completed and paid for by me solely prior to the wedding.
My question in divorce, is she entitled to my pension, part of my home or my investment accounts that are solely in my name and she has hers In her name? The only commingled funds are a checking and savings account with funds from wedding gifts.

Her income exceeds my current income without calculating my pension.

Thank you.


Answer:

Any property you owned prior to the marriage and kept in your name is separate property, not marital property, and your spouse would not have any claim to it.

Only contributions to your pension made after your marriage are subject to a marital claim.

The profits or capital gains made on investments in your investment account made after your marriage are subject to a marital claim. Any investments you held prior to the marriage ,are separate property. Any profits or capital gains on these investments, unless due to some unusual expertise or talent on your behalf, should not be considered marital property.

I can help you with your divorce. Give me a call at 212-370-1660 to arrange to discuss the matter.

Leonard M. Weiner, Esq./Divorce Solutions
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