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 #295:

I have been married for 27 years but my husband and I have been separated for about 18 years. My husband lives in the state of NY, retired military and now works for the department of defense. I live in Georgia where my husband and I decided we would settle down after he retired. He went overseas and when he returned he made one excuse after another why he was not able to come home to stay. It was always something with the job. When he retired he got a job on the installation where he worked as a soldier. Then his excuse was he couldn't find a job in Georgia. I have always worked part time as I raised out daughters who are now 22 and 25 years old and in college. We are now in the process of getting a divorce and we both have attorneys. This is not something I wanted but my husband has made it clear now that he is not committed to this marriage even though he had been helping financially every since he has been gone. He has admitted to being in a relationship and having a 15 year old son. He has offered me $1,600.00 a month for ten years and a life insurance policy. My attorney feels that's a good offer in that we have been separated for a long time. I don't think this is a fair offer and I know what the entitlements are in that we have been married for over 10 yrs while he was in the military. What are the laws in NY with marriage and separation? We are not legally separated. Does the time we have been separation affect what I am entitled to through the military?

Answer:

You should be entitled to approximately half of your husband's pension earned during the course of the marriage and any assets which were acquired during the marriage, regardless of in whose name the assets are held.
The marriage , unless legally separated or divorced, continues regardless of whether you are living together or have been apart for a number of years.

If your husband is living in the New York City metro are, please call me at 212-370-1660 to discuss the matter further.

Leonard Weiner, Esq./Divorce Solutions
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