Question #65: My husband and I reside in NY State. We have been married for 4 1/2 years. We have not had marital relations for the last 2 years. I stopped that part of our relationship when the requests got too weird. In December I found out he was video taping me in my shower without my consent. We have no children, but own a home together. Our savings accounts are not joint and never were. I earn twice the amount of money he does. I would like to keep our home. Would this require a fair market buy out value? Does he have any right to my savings account? Do I have adequate grounds in NY State to file for divorce?

Unfortunately, New York State still requires grounds and, although your husband’s videotaping you in the shower is, as you say “weird”, it is not a ground recognized by the statute. You would have to prove “cruel and inhuman treatment”, which may include the videotaping, but most likely would require other acts which indicate some fear of physical or mental threat placed upon you by your spouse during the course of your marriage.

With regard to the ownership of the home and the savings account, any asset including money acquired during the course of the marriage would be considered marital property, regardless of in whose name the property is held, (unless acquired by gift or inheritance), and under the Equitable Distribution law in the State of New York, would generally be divided 50-50.

I strongly suggest that you discuss the issue of divorce with your husband, suggesting that you mediate the divorce.

If you are living in the New York City metropolitan area, please contact me at 212-370-1660 to discuss the matter in more detail .

Leonard M. Weiner, Esq./Divorce Solutions