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 #325:

Hi, I am hoping you can answer a question for me. First a brief history....
My husband and I had 4 children and then separated after being together for 19 years (married for 17). We have been separated for 18 years and are finally getting a divorce. I see in the papers (he sent over for me to sign) it mentions his retirement fund being his separate asset and that maintenance was not ordered. Before I sign these papers I am curious and would like to find out if I am entitled to anything considering how long we've been separated (not legally separated). By the way, I live in Washington state.
I would like to know if I would be entitled to spousal maintenance, part of my husband's retirement fund, or inheritance he just received due to his mother passing away. Any advice you can give me is greatly appreciated. Thank you for your time and have a wonderful day.

Answer:


Do Not Sign the Papers! Unless you had a legal separation 18 years ago, you are still legally married and any property or asset, including your spouse’s
Retirement account is a marital asset, to which you would be entitled to a share. Any inheritance he received ,if kept in his name only, is separate property, not marital.

Consult an experienced matrimonial lawyer in your jurisdiction and seek his advice .,

Leonard Weiner, Esq./ Divorce Solutions
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