Answer: You did not indicate what state you live in so it is difficult for me to give you a definitive answer. In New York, for instance, which is an “equitable distribution” state, each spouse is entitled to approximately one half of all marital property which is defined as property of any kind acquired during […]
Answer: You did not indicate what state you live in so it is difficult for me to give you a definitive answer. In New York, for instance, which is an “equitable distribution” state, each spouse is entitled to approximately one half of all marital property which is defined as property of any kind acquired during the course of the marriage by either spouse other than property acquired by gift or inheritance. If the house and retirement funds meet the definition of marital property, she would be entitled to half, despite the fact that she never worked. New York, however, requires “grounds” for divorce and unlike California , irreconcilble differences are not sufficient grounds. If you are living in New York and she has no grounds for divorce she will not be able to get a divorce. If you are living in the greater NYC area, please call me to discuss in greater length.
Leonard M. Weiner, Esq.Divorce Solutions