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LEONARD M.WEINER, ESQ, Ph.D.

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FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Jun 12, 2018

Question #3: After 4 years I have finally been granted a divorce in NJ. The Judgment states that we will split our marital assets 50/50, including 401K’s, Pensions, and IRA’s. Since my ex made more money than I, he has more money in his 401K’s, etc. I contend that I should get some type of return on the money, which was calculated in 1995, when we separated. He contends that since the Judgment doesn’t say anything about interest, I shouldn’t get any interest or return on the investment whatsoever. My contention is that he has had the benefit of the money since our separation in ’95, and my money was frozen. HELP! I go back to court on 7/26, without an attorney since I can’t afford one. My ex is still represented and his attorney said that I should just accept the QDRO without interest and be happy. I’m not happy, but should I just accept it or fight for my rights to interest (if I have the right to ask for interest).

Answer: It seems only fair that you should receive the interest earned on the money that was yours as of the separation date. It would be unjust to allow your ex-husband to reap the benefit of the interest earned on your money. The QDRO should have included the interest as well and you have every […]

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Jun 12, 2018

Question #2: I am living in New York City (Brooklyn). I need to know my rights for a legal separation. I would need to move out of the home I am currently sharing with my husband and 2 daughters 2 and 7 yrs. I would like to take my daughters with me and the furniture I acquired before I was married or had children. I am also contemplating relocating to another State with the kids but I do not know the laws of separation in New York. In addition, I am concern that due to my earnings being more than my spouse will I be responsible to pay support to my husband. If I later file for divorce will he be entitled to any assets I acquire after the separation (i.e. 401k, savings etc.)

The courts in New York have become more receptive to the idea of the custodial parent moving out of state, but each case is reviewed individually by the court on its merits, with the prime consideration being the well being and benefit to the children. Generally, the courts are reluctant to allow one parent to […]

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