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 #74

Hi, I have been married for 1 year and three months. My wife is a student and does not work and make any money. After marriage, I bought an apartment with a substantial down payment. This was all paid for by the funds I had before marriage. I have been paying for her college education/living expenses for the last two years. If we are separated, can she ask for half of what I have?

You did not mention what state you are in. In NY and most other states, if you used separate funds which you earned before the marriage and maintained the title to the apartment in your name only, the apartment would be considered separate property and not marital property and would be yours alone. The duration of the marriage is also taken into consideration when determining the division of the assets. If you were to separate now, assuming there are no other relevant facts that may alter the court’s opinion, I doubt a court would grant her 50% of the marital assets which were entirely earned by you.

Leonard M. Weiner, Esq./Divorce Solutions

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