Until you enter into a legal separation and divorce, you are still considered legally married, and any money earned by either of you, including your retirement accounts, are considered marital property and generally will be divided equally. Therefore, if you decide to divorce now, any additional monies which he or you will earn after the summons and complaint are filed, and the separation agreement is executed, or a judgment of divorce is filed in the county clerk’s office, will be considered separate property. You will have no claim to those monies earned by him after such a date.
If you agree to enter into an uncontested divorce, you must provide for some spousal support for yourself, including the continued mortgage subsidy that you are presently receiving and some additional spousal support. There are several other issues that you must be concerned with, which should be incorporated in the separation agreement before agreeing to the divorce.
Please call me at 212-370-1660 to arrange for an appointment with you and your husband to discuss mediating your divorce. It will be less expensive, less emotionally draining, and much faster than litigating it in court.
Leonard M. Weiner, Esq./Divorce Solution