DISSIPATION OF MARITAL ASSETS

Nov 27, 2018

Question #318: I have a question in regards to back taxes owed by my ex- spouse. At the time we were married he owned a small business in which he was the sole owner. We officially separated in 2011. Our divorce was final October 2013 but the final decree was signed by the judge July 2014. During the time he had this business and through our marriage, my role in the business was just to keep track of the projects he was working on (mainly construction on hotels). After 2011 he made it difficult for me to gain access to file any tax returns and even took me off our joint bank account. After pleading with him for years for the information to file taxes he till this day is unwilling to cooperate. I don’t want to run into any problems with IRS and our final divorce decree does state he is responsible for any back taxes owed. I’m aware IRS doesn’t always accept this though. Since May 2014 he changed the company name and we are no longer In contact. I was also awarded 51% of his business, when it had the original name and not the new one he recently formed. Can I file for bankruptcy on that business since it was awarded to me 51% and there is no way of getting that information from him. Or can I file for injured spouse relief? I have not taken any action into actually putting the original business in my name and still stands in his name only. Thank you for taking the time to read and in advance for responding.

The real question is what happened to the original business, its accounts and assets? Were the assets of the original business taken over by the new entity? You as a majority shareholder have a right to demand to see the books and records of the original company and the tax returns filed on its behalf. […]

Nov 27, 2018

Question #314:I have an urgent question and would appreciate a prompt response please. I met my husband 16 years ago overseas, we have been married since 14 years ago, we have one child, a 7 year old boy, we live in NYS. I brought my husband here through marriage visa, i taught him English, driving, I left my Pharm D program to support him typing applications for months while we moved in with my parents who supported us. My father took out loans (as my husband did not have any money) to support his 33 residency interviews. During residency I typed all his medical notes and worked 30 hrs a week, as his English wasn’t that good. I continuously gave up great job opportunities in my field to support him and help him. Once he was finished with residency, he decided to apply for fellowship, I typed his applications every single day, I did Everything for him, many times while he slept. During the marriage when he was angry, he was abusive, verbally and sometime physically. However, there were good times, and he was kind at times. 2 years ago, his mother became ill with terminal cancer and moved in to our home, while I was finally concentrating on my studies (boards). I took care of her with him for 6 months, she than passed away. However, when she was here, she was at times rude to me and she did cause a huge strain in the marriage, making the problems worse. As soon as she passed, when we thought we could find some normalcy. My father became ill and was in the hospital for 6 months, we found out he has pancreatic cancer with poor prognosis. Thus the past two years have been extreme stress. Since about 6 months ago, my husband started to pick fights with me for no reason, which made me so angry, because he wasn’t there for me with hardships I’m facing about my dad, like My entire family was for him. I thought he was just being crazy. However, since a few weeks ago, he has been so adamant about an urgent divorce. I had asked him to move out last year and he didn’t ..long story short, i thought it was so heartless that he is asking me to sign with a mediator RIGHT NOW that my father has such limited time left. However, I found out he is cheating on me with a nurse at his job. He doesn’t know that I know. I tried to talk to him, and he was going to change his mind, but she texted him all night and changed his mind back. I explained that I cannot go through two major crises at once, and he seems to be in such a rush. I think this may have something to do with her or finances . I also just found out that he opened a Money market for a lot of money, and possibly wiring money elsewhere. I feel like I don’t know him anymore. Not only am i going through my father’s crisis, I’m also ill right now, this is the worst possible timing of him to do this to me. I just don’t understand it. I have injuries from an accident, i have untreated sleep apnea and a boat load of other stuff going on. I am not even sure if I can handle what I’m going through with my dad and functionally taking care of my dad with my illnesses, and the additional emotional devastation I will incur from his leaving us high and dry, after everything I sacrificed for him. If he is emptying accounts and putting things in his name, does that not get divided? can you think of a financial reason he is rushing me so much? What can I do to protect myself and my little boy? is there any way to delay this process so i can deal with my father first? I got our joint checking account statements and I do not see any withdrawals for the amount he deposited into the money market… is there any other way he is getting money from? Please advise on these q’s asap, I’m so sorry for the long post. If he is emptying accounts and putting things in his name, does that not get divided? can you think of a financial reason he is rushing me so much? What can I do to protect myself and my little boy? is there any way to delay this process so i can deal with my father first? I got our joint checking account statements and I do not see any withdrawals for the amount he deposited into the money market… is there any other way he is getting money from? Please advise on these q’s asap, I’m so sorry for the long post.

There is much going on in your life that needs to be dealt with and cannot wait, but you must get help from an experienced professional. To properly advise you I would need to discuss your situation in more detail and help you work out a plan to intelligently address each of the issues in […]

Nov 27, 2018

Question #299:I live in NY. I have been married for 38 years. My husband left the marital home claiming that it would be for a period of time to get a business out of state up and running. He advised me that the business purchased a house in Maryland for him to live and for the workers for construction of business, etc. It was also to our advantage for him to become a resident of Maryland as my son was in college and it provided in state tuition status. Always being told the business was having difficultly with start-up and it did not appear that the move back was in the near future. He then sold the house, which later I discovered was just owned by him, and relocated to Virginia as it was too much for him to commute to Washington, DC. During this time he would come back to NY for all holidays, some weekends, etc. He then sold the one place in VA and move to another. Then he claimed again too much to carry and was going to share with a male friend an apartment in DC. He had the accountant who took care of our taxes, who also is accountant for business had us file separately. I was on the payroll at that time at the DC store. He said the reasoning was to build my social security. I trusted and brought into the whole story line as my life was complicated by having fragile health issues, a dying parent, house fire and then being in charge of my mom’s estate took three years out of my life. He had always provided me with the profits out of one of the stores Upon receiving a check I found an addressed embedded into the check of an address I had no knowledge. After researching I found it was listed in his name and another woman. More searching found he owned two other homes and one attached to her name as well and a child that he fathered. He removed me from the payrolls and started providing directly for my support. It has been four years since all of this came to light. Our marital home he has promised that he would turn over to me…and of course I am always put at bay. He is a principal in a business with others. I have no clue where I stand to pursue a divorce. There is no legal separation agreement. Only an oral agreement of what he will provide financially. As now both of our health is not the best and he claims he has nothing anymore…I am becoming very concerned that he has transferred much funds to property, etc. in her name or the child’s name. She has relocated from the VA to FL within the last year. He claims he lives with a friend in DC, is in the process of selling a home in VA, he claims status of living in FL for tax purposes and present deed is showing his mailing address for FL. Where do I stand legally? My son recently has offered for me to come stay in an apt. he owns in NYC. I think it would be advantageous for me to make this move for health reasons, as well as the courts are more liberal than where I live if filing for divorce is the solution. I worry about my health insurance, as well as maintaining the house. It was always our wishes that the home went to the boys upon our demise and they spend much time with me there on weekends and it has always been there home. Your thoughts of what would be in my best interests?

You should contact him and tell him you want a formal divorce and a full accounting of all of his finances, including income ,expenses and assets and a formal Separation Agreement spelling out exactly his legal support obligations. If he refuses, tell him you intend to file for divorce in NY and that he will […]

Nov 27, 2018

Question #267:after 32 years husband moved out this past week end. he is a VERY successful business owner since 2003 -refinanced the house to start business in 04- now has removed a safe with large amounts of cash & important documents what can I do?? has purchased new vehicles & computer what are my rights there ? they were for the business so he says he has NO grounds for divorce christ I was the perfect wife though I did lose my job after 14years from a school district due to budget cuts I am 55 years old he is 52 I cannot find a job what would pay me enough to support the house which by the way was “sold” to us by my mother for $10 and she was granted life residency There was in the past physical abuse and there is a lot of mental abuse – I am not allowed to speak for fear of being told I complain all the time I have NO money for a retainer hate the idea of using credit cards to do this he will NOT go to counseling says they always blame him …. HELP please !!!

If you are living in the NYC metro area, please call me at 212-370-1660 to arrange for a meeting to discuss mediating your divorce. If you cannot afford a lawyer, the Court will make your husband pay. You should also be entitled to spousal support for a period of time. Leonard M. Weiner, Esq./Divorce Solutions

Nov 27, 2018

Question #256:I live in NY and have been married for 23 years. We have just starting proceedings for a divorce and I found out that my soon ex to be took out a second mortgage on the equity of our house (yes I signed because he told me he was re-financing). Am I entitled to 1/2 and should that be put into the divorce agreement?

If the money is still liquid ( sitting in a joint account ) you should make sure your spouse cannot withdraw it without your consent. The best thing would be to divide it now before it “disappears”. If it has been spent on marital matters, such as home renovations, college tuition for child, a family […]

Oct 30, 2018

Question #156:I have a friend facing a divorce he is quite wealthy and faces loosing well over 50% of all he had prior to his marriage. I am retired with very little cash and I live in Thailand in a small one-bedroom condo. I have often borrowed money from my friend and currently owe him US$20,000. I am selling my Condo that will allow me to pay him back. He has made me this offer but I am worried if its legal. He said he will buy my Condo before his divorce, he wants to pay me US$500,000.00 for it !!Its worth maybe US$45,000.00. He will tell his wife I ripped him off and he lost the US$500,000 cause he bought my apartment for 10 times its value. He asked me to set up a off shore company and put the excess cash in a bank in the Caribbean until the divorce is over, this will wipe out my debit to him. It’s a real good deal for me. I questioned the legality he said hey if he makes a bad investment that’s his problem, if the wife wants the Condo she can have half of it. Are there any loopholes in his plan? Right now he has access to the money US$500,000 being maybe 1/4th of his wealth, she will be mad as hell but what can she do? It is his money. Can I get into trouble, can he? Any advice greatly appreciated.

If your friend intentionally dissipates marital assets in contemplation of a divorce proceeding, the judge will hold him responsible for that amount of money that has been dissipated. This is clearly an attempt to defraud the wife out of her share of the marital assets, and if you participate in it you will be an […]

Oct 30, 2018

Question #127:My husband and I have been married for 20 years. We live in New York. He left the house. We have 2 children together. I make more money than him. Do I have to pay him alimony? Does he get half of my pension? Do I have to be legally separated for him to only get 1/2 pension for the time we were married? Thanks!

You indicate that you have two children but do not mention their ages. If they are under 18 years of age, there is a question of custody and child support which must be determined in the course of the separation and divorce process. With regard to alimony,, which is now referred to as spousal maintenance […]

Oct 30, 2018

Question #126:I have been married to this man for 8 years …he has spinal injury and is confined to a wheelchair…When we first got married he was walking with canes and he told me that it was temporary that he would walk again. However shortly after we got married he sustained a fracture and refused to continue therapy so he could walk with canes again but instead requested a wheelchair. Our relationship has deteriorated sexually and otherwise. He is now impotent…we haven’t had sex in over 5 years and I have never cheated on him…He does not want me to work..so I can serve him hand and feet…He refuses to go on disability because this is his way of controlling me…he brings in the money and I serve him hand and feet and remain his prisoner…I am now 51 years old and I just can’t take this anymore..It is driving me crazy…I want a divorce but the house is on his name and I have nothing….no job no money…every time I get a job he manipulates me into quitting….please help me….I am not a greedy person I just want to be compensated for all the time I gave to him…I have had no life since the day I married him…he managed to alienate me from all my friends and family…I would really appreciate your advice on how I can go about getting a divorce from this man and be able to get something to start a new life with….I am a medical transcriptionist by trade so I can still get back in the job market and be able to take care of myself but right now I have no money of my own…my mother left me $13,000.00 when she died but he put it on both our names and we don’t have even that much in the bank anymore….thanks again .

From the facts which you present, it sounds like family counseling should be your first choice and not divorce mediation. Severe sickness or disability of one spouse places a tremendous emotional and physical burden on the healthy spouse and it is not unusual for you to react in the way you are. I strongly suggest […]

LEONARD M.WEINER, ESQ, Ph.D.

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