LEONARD M.WEINER, ESQ, Ph.D.

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LEONARD M.WEINER, ESQ, Ph.D.

(212) 370-1660

Divorce Solutions

Divorce Solutions

(212) 370-1660

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Question #221

I live in upstate New York. We have been married for 8 yrs. We have a prenuptial, I think, is invalid. I had no attorney and was presented the papers ten days before our marriage and never even saw an attorney. There has been documented domestic violence. My husband bought the land with an old house on it before we married. We knocked down the old house after we were married and built a new house in which we have no mortgage. I have paid all the household maintenance bills and contributed to the raw material of the new house. I have recently been put out of work on social security disability never to go back to work, he made 138,000 last years but said I am entitled to nothing. We have no children together. Please advise.

There are two fundamental issues here.

1. The division of marital assets and whether the house is considered a marital asset.
2. Whether you are entitled to spousal support.

To accurately answer these questions, I would have to examine the prenuptial agreement that you signed and to find out more details about the circumstances around which you were asked to sign this prenuptial agreement. It is also vital to ascertain how title to the property is held and whether you can document the actual contributions you made to the house and the mortgage.

Concerning the second question of spousal support, if there is a significant discrepancy between your income and his, and the standard of living that you have maintained as a family cannot be supported on your income, you will most likely be granted some spousal support for a while.

If you are living in the New York City metropolitan area, I strongly suggest that you call me at 212-370-1660 to discuss the matter at greater length.

Leonard M. Weiner, Esq./Divorce Solutions

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