Divorce Solutions

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LEONARD M.WEINER, ESQ, Ph.D.

Divorcesolutions.com

Divorce Solutions

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DIVISION OF MARITAL ASSETS

Oct 30, 2018

Question #95:I want to apply for divorce, but i have a question if I can do it right now. My husband currently does not work for W2 from, but he receive money as self-employed(1099 Form). I don’t know the amount. My income is $40,000 and I have about $7,000 on my saving. He owes the coop-apartment( he bought it before we got married) and i know that he has a lot of money in stocks, i am not sure if he has saving account. My question is in case if I’ll apply for divorce, can he apply for alimony for him?

Theoretically, you are correct in being concerned about your husband’s requesting that you provide him with spousal support. But in reality, if he is in fact earning cash, the court will investigate and determine approximately how much he is in effect earning and therefore this alone should not prevent you from proceeding with a divorce.If […]

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Oct 30, 2018

Question #64: My husband and I have been married (NY) for 8 1/2 years. Due to his problems, we have not had sexual relations for at least 8 years. My husband has supported me for the entire marriage while I pursued an independent (and not self supporting) career interest. His present retirement assets (he is retired for the past 3 years) are nearly $1,000,000. For the first five years of our marriage (before he retired) he was still contributing to that account. Am I entitled to part of that account? I don’t want to break him, I just want a fresh start.

You are entitled to approximately half of all the assets acquired by your husband during the course of your marriage (i.e. 8.5 years). He is also obligated to provide you with some form of spousal maintenance until you can reasonably acquire the skills to become self supporting. You should seriously consider mediating your divorce with […]

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