FINANCIAL ISSUES – MARITAL PROPERTY V. SEPARATE PROPERTY – Page 12

Oct 31, 2018

Question #205: I am divorced in New York State and the divorce states that I pay 70% of medical expenses. My older daughter is 21 and away at medical school – the younger daughter is 19 and away at college. I claim that I owe 70% of the DIFFERENCE between what health insurance costs my ex for a “parent+1 child” plan MINUS what she would pay for a single plan on her own My ex claims I owe 70% for her “family plan” for herself and both children. * On a side note – my ex flex spends (FSA) the entire health care amount and pays very little given these tax breaks. The court didn’t seem to consider FSA when splitting the incomes 70/30% THANKS

In order to properly answer your questions, I would have to review the relevant provision in your Separation Agreement or court order that dealt with this matter to see if your wife was to be covered by this provision as well as the children. Generally, these matters are discussed separately. The tax breaks your ex […]

Oct 31, 2018

Question #204:I am looking to go ahead with getting a divorce from my Husband of 20 yrs who left me to move from TX(where I live, to NY(Queens). I want to know can I file for divorce in NY & demand spousal support. During our seperation he caused me to have a nervous breakdown, lost my job of 18yrs with Nordstorm. Having to be under a doctors care for shaking spells, etc. I look forward to your response.

If your husband is living in NY for more than two years, or even one year under certain circumstances, you can file in NY and you would be able to file for spousal support if he was supporting you during your marriage. Please call me at 212-370-1660 to discuss the matter at greater length. Leonard […]

Oct 31, 2018

Question #203: I have been a stay at home dad for 4 and a half years. My wife and I just bought a house . My son has a medical condition that I had been taking care of for the past 3 years. He has improved and the doctors have said that if all goes well his respirtory problem will be gone or under control by the time he reaches kindergarten. I also have a 4 year old girl who will be starting kindergarten this September. We are still trying it sell our old home and as of right now we are around $600,000 in debt . We agreed since Robert’s illness that I would stay home until he reaches kindergarten, and then I would go back to work. She has now asked for a legal separation. She wishes to hire a nanny to live here and take care of Robert and that I leave the house and see the kids on the weekend. I have raised my kids since the day they were born. She has a member of her family who is a lawyer and therefore will not have to pay any legal fee. Is it legal for her to use her family member as her lawyer and can I refuse to leave?

Generally, she can use anyone she wishes to represent her, even a family member. You must find legal counsel in your area, experienced in matrimonial matters, to represent you. Do not leave the house until all matters are resolved and do not go it alone! I strongly suggest you try to mediate your separation with […]

Oct 31, 2018

Question #202: A few days ago I requested annulment info with regards to a marriage which took place in the nursing home where my invalid brother resides. I am going to see my brother 2 weeks from today to try to be named his proxy, guardian and power of attorney. I without a doubt believe the “spouse” accomplished this union through coercion, lies & duress. It is documented that he is afraid of her, that she is VERY controlling, & speaks for him. I further believe her intentions were to fraudulently acquire all his possesions (which were his not only before the Dec 6, 2006 union but before July 1, 2006 when he moved in with her. She was aware his inheritance was in perpituity – She would gain at the very least $50,000. She also planned to receive his Social Security. In addition he was an independent cab driver – the medallion worth approx $100,000 but also his before July 1, 2006. Mom’s will now does not include him. If papers are filed for annulment/divorce and he passes away before the decree is granted will she collect his social security? Can anything be documented to “disinherit ” her? Can a restraining order be filed to keep her away from him? He has suffered too much and too long at her hands. I will do anything and everything to protect him. My problem is logistics – I’m in AZ ,he is in NY. Thanks in advance for your guidance

Depending on how much time your brother still has, the Annulment -Divorce route may be too slow. You should have him legally transfer his major assets to you or to a trust in which he names the beneficiaries. That transfer will be immediate and not require court approval, as long as he is of sound […]

Oct 31, 2018

Question #201:I have been divorced for over 7 years and have not re-married. I still own stock with my ex-wifes name listed as one of the owners. My question is how do I have her name removed from ownership therefore leaving me as an Individual owner. Presently, I do not know where my ex-wife lives or even if she has remarried. Any help would be greatly appreciated.

Once again, unfortunately, we see the results of trying to take care of the divorce by yourself or the results of poor, legal counsel. The matter of the stock ownership should have been taken cared of prior to the divorce and discussed in the separation agreement. If you have a Separation Agreement, and If it […]

Oct 31, 2018

Question #200:I live in NY and have two children in the 20’s. My husband was having financial difficulties with his businesses in 2002 and instead of listening to the advice of his corporate lawyers he left me a note that hinted at suicide and stated that he was leaving and he just didnt leave he became a missing person. The police found him 4 months later 300 miles from our house cooking at a restaurant and hanging out in the bars at night with a group of 20 year olds ( we are in our 40’s). He left me with no income and a 18 year old son in college. I had to get a job and the banks forclosed on his businesses because none of the businesses were in my name and was never involved with them. This forced bankruptcy beyond my control. I was a fool and took him back but never could trust him and when I told him how I felt he said get over it and he never should have come back. After 3 years of trying to save the marriage I realized I would never trust him and I told him I wanted to seperate and he told me to get out I refused to leave and one night when iwasent home he locked me out. He would not let me in to get anything. I called the police many times and they said get a lawyer and tell the judge there was nothing they could do. So I started staying with a friend and we both hired lawyers. My lawyer requested that I be allowed to get my things and he responded by saying I took everything and nothing was at the house that was mine. A month later we had a flood at the house that flooded the unfinished basement. He now says he sold my things, gave them away, and what was left was ruined by the flood. When we went to court this information was given to the judge but he didnt do anything except order an appraisal on the house and let my husband stay in the house at this time. Meanwhile I have nothing except what I had the night he locked me out and a few things I have bought. Before I retained my attorney he had his lawyer send me a seperation agreement that he wanted me to sign and attached to it was a list of my personal property that he was willing to give to me if I signed it. I didnt feel it was fair and I wanted my lawyer to look at it and when he found out I had a lawyer he said sign it now or you will never get anything. He would keep saying if you sign the car over to me I will give you your things. I signed the car over to him and never got anything. Then he said if you give me the dog I will give you your things I gave him the dog and never got anything. I was also paying all of the bills at the house for 3 months after he locked me out. I cannot keep staying with this friend, I have no furniture, I want the house and I want to be allowed back in my own house now. Please help me he has taken everything I own and I lived in that house for 23 years raised my two sons while he was married to his job and never home and I have emotional attachment to it. That house is all I have left of what I did have he has taken everything from me and no one will help me all my lawyer is saying is the judge will address it. The appraisal also came in and he is claiming the flood caused damage to the house so now it has no equity but 6 months ago he said it had 50 thousand in equity. Only the unfinished basement was flooded and I think he put in a claim in fema. No one will let me into my own house that I have owned and still own for the last 23 years to even see what damage there is and if my personal belongings are there. I heard that he is seeing another women, can he let her move into our house now. Please help me I feel like I have no rights.

Sounds like you picked the wrong lawyer! You should find a lawyer in your area who is an experienced, matrimonial attorney who also does civil litigation and is not afraid to sue your husband. If title to your house is in your name as well as that of your husband, you own part of the […]

Oct 31, 2018

Question #198:My wife and moved to Florida from NY State and shortly after being here I found that my wife was having an affair with her boss. He ownes the real estate office and she works for him. Now before moving to Florida we listed the house thru him. Well needless to say Im not on the deed which is not a problem but the problem comes in is that once he found a buyer he convinced her to quick deed the property to him so he can sell it 4 weeks later for alot more money so that when we go to divorce court it shows that she made no money on the house. Now my question here also as a licensed broker and having the affair with my wife using his business to help her dispose of a marital asset could he lose his license for that. All allegations can be proven. She quick deed the property to him for 252,000 and he sold it 5 weeks later for 289,900. He is holdng on the the monies till our divorce go thru. Do I have a criminal case here? PLease help me

You need a litigation attorney in the state where the property was sold, not a matrimonial attorney. Good luck! Leonard Weiner, Esq./Divorce Solutions

Oct 31, 2018

Question #197:I have a simple question or at least I hope it is a simple one. I will be filing for a divorce in April after a year of legal separation. In the separation papers we agreed that my husband would keep me on his health insurance until the divorce was final. After the divorce is final, I have no means of getting health insurance that I will be able to afford. It is offered through my work at a cost of over $600.00 a month. I cannot afford this since my annual income is approximately 16, 000.00. Can I ask the courts to have my husband keep me on his insurance policy through his employer since he has to keep a family plan to keep our child covered? Thank you.

Why did you not think about your ability to pay for insurance before you agreed to the terms of the Separation Agreement? Did you have legal counsel when you entered into the Separation Agreement? You should try to discuss this matter with your spouse before the Divorce papers are filed. Once again, I cannot overemphasize […]

Oct 31, 2018

Question #196:My husband and I got married in 2004 in Lake Tahoe, California. He was a resident of California, I was a resident of NYC. Yes, it was a spur of the moment thing after 5 years of dating. We never lived with one another. I maintained my living status here and about 14 months of marriage this way (yes I know) when I was to move there, everything went to hell and we have now been seperated since November 2005, since well I found out that after one week of seperation he had hooked up with someone else. (eeesh) I have never received any papers of any form asking me for a divorce. Am I still married? Does he need to inform me that we are divorced if he filed papers? And if papers are filed, would I receive them by being served or in the mail? See, I would not be surprized if he somehow forged my information to obtain a divorce but I am just concerned if I am indeed divorce because my financial situation will be changing right quick and want to know if he has any rights to my money, if in fact we arent divorce. My friends said I should sue him for what he is worth-but I feel its too late And just want to be rid of him. Anyhow-the question I guess is…Can he divorce me without me knowing? And how would I find out if he did. Or can he go to Mexico and divorce me?

Until you actually get a formal separation or divorce you are still legally married , and, generally, any monies earned or property acquired during the course of your marriage is marital property, other than through inheritance if kept separate, both under New York or California law , and each party will generally have a 50 […]

Oct 31, 2018

Question #195:I am 59 years old and my husband and I have been unofficially separated for 20 years. We both retain ownership in our home on Long Island although I live there and pay all mortgage payments, bills etc. He was having an affair which broke up our marrage and he is still with that woman. I am also residing with someone. We have three grown children.I am earning approximately 55,000 a year and he is earning about 80,000. We file our taxes together. My 401 is vested at about 40,000 and his over 100,000. I have no other asset and he does have to help me financially as my mortgage payments are very high. I do not want to sell my home and he has said he would never ask for that. I am the recipient of his insurance policy and 401 upon his death. He is also mine. Right now he has met another woman of 42 years of age who is insisting he divorce. If we decide to do this, what are the repurcussions to me? Would I be entitled to any alimony, share in 401 etc. We are currently married for 40 years and if I have to I will contest this divorce. Please answer ASAP.

Until you actually enter into a legal separation and/or divorce, you are still considered legally married , and any money earned by either of you , including your retirement accounts, are considered marital property and generally will be divided equally. Therefore, in the event that you decide to divorce now, any additional monies which he […]

LEONARD M.WEINER, ESQ, Ph.D.

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FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY