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 #321:
My wife of 13 years left my house almost 4 years ago on her own accord. I have continued to pay her medical and auto insurance during this time period.
What am I legally obligated to compensate her in a divorce might you think? We have no children and she lives with her adult children from a previous marriage. She was married previously for 25 years and now works babysitting her grandchildren.
Might I have to pay part of my pension that I accumulated during our marriage? Does her abandonment have any bearing?

Answer:

Without more info re: your wife's income and assets , I cannot give you an accurate
Opinion about what spousal support she is entitled to. Your portion of your pension that was
earned during the marriage is marital property and she will have a claim to approximately half of it.

Her abandonment should be taken into consideration by the judge, but it will not be determinative
As to how much she is entitled to.

Leonard Weiner, Esq.
Divorce Solutions
212-370-1660
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