LEONARD M.WEINER, ESQ, Ph.D.

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LEONARD M.WEINER, ESQ, Ph.D.

(212) 370-1660

Divorce Solutions

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(212) 370-1660

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Question #275

I’ve been married for almost six years, and I’m considering divorce. We were married in Las Vegas, but reside in Arizona. Also, we never filed the document in our state. I’m still in our home, but we barely speak and sleep in separate rooms. We have three children (2 who are biologically his). I have received a gift (a large sum of $$) from a relative who won the lottery for me to start my life over. The gift was put into my acct, his name is not on it, and I’ve never used it to pay for anything in the home. Is he entitled to half even if it was given only to me?? Please help! 

If you received the money as a gift and maintained the funds in a separate account in your name only,

The funds should be considered separate property, not marital property, and your spouse would have no claim to it in the event of divorce.

If you were legally married in Nevada, the fact that you did not file your marriage in Arizona would not affect its validity.

Good Luck!

Leonard M Weiner, Esq./Divorce Solutions

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