Question #182:My parents are considering a divorce, but an attorney recommended a legal separation. They are in their early seventies and have no intent to re-marry. My father thinks he can leave her with absolutely nothing after thirty-five years of marriage. He also wants to leave the country and go back to Italy his native country. What rights as a legal U.S. resident does my mother have and what can she do to cover her back in this soon to be stressful situation? Any information would be greatly appreciated!

Any property acquired during the course of the marriage from funds earned during the marriage regardless of in whose name the property is held is considered marital property and each spouse would have approximately a one half interest upon divorce depending on the particular laws of the state she is a resident in. That applies to real property, stocks, bonds, bank accounts etc.

If she feels he is about to dissipate the assets, she should file for divorce.

If she is living in the NYC metro area, please have her call me at 212-370-1660 to discuss the matter in greater length.

Leonard M. Weiner, Esq./Divorce Solutions