Question #91: I have been separated since February 1, 2001. We have been married for 5 years. My husband just received a disability/early retirement package from his job. I’m not sure of all of the terms and conditions, but am I entitled to any of this compensation? Am I entitled to half of his pension? Also, I have bankbooks in my name prior to marriage with a lot of money in them. I also purchased our apartment with that money and the apartment is in my name only. Can I deem this apartment separate property? He seems to think he contributed to that bankbook, but he was always on disability or workers compensation, so whatever he made went to our rent at the time and the expenses that came along with that.

Answer: Disability- If this payment is a result of some injury or accident and is in lieu of insurance , it is most likely not marital property and you do not have any claim to it. Early retirement – Pension – You do have a claim to approximately one half of the pension earned during the course of your marriage. Bankbooks and apartment – If the money and property were acquired by you prior to marriage and kept in your name , they are separate property and not marital property and belong exclusively to you. You mentioned being separated from your husband, was this a legal separation and was there a Separation Agreement? It is essential to take care of these matters properly! If you are living in the NYC metro area please call me to discuss mediating your divorce and preparing the needed legal papers.
Leonard M. Weiner, Esq. /Divorce Solutions