FINANCIAL ISSUES – MARITAL PROPERTY V. SEPARATE PROPERTY – Page 28

Jun 12, 2018

Question #93: Child support payments in NY State are17% of combined gross income, pro-rata, correct? My wife’s annual gross is about $4,000 more than mine. For my one son, this would amount to $625.00 per month! I know from detailed budgets I kept, that it never cost us even close to that. What is this money for? I’ve been told what it doesn’t include, please tell me what considerations are put into coming up with that number.

Answer: The number is not based on a calculation of need per se, but is a statutory requirement under the NY Domestic Relations Law . The number 17% is for only one child and it is calculated on the combined gross incomes of both parents up to $80,000. After that, the Court has wider discretion […]

Jun 12, 2018

Question #92: My wife and I have been married for over 40 years. Last year, out of the blue, she first asked for a legal separation and soon after mentioned a divorce. I have no idea what may have precipitated this; I am guessing that an affair may have been involved based on her and the suspected party’s actions and comments. A comment like ” I didn’t think you would care” almost sounds like an admission, but she has steadfastly denied this. She has been reading Stephanie Marston’s book, ” If Not Now, When?” which never leaves her side. (I question some of the advice given in this book.) She wants to sell our home and property and split all our retirement savings. My question is can she legally get a divorce and walk away with half of our retirement funds that we worked so hard to get? My wife never had an income producing job.

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 […]

Jun 12, 2018

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 […]

Jun 12, 2018

Question #90: My husband and I have been married for almost three years but we have been living apart for the past 6 months. I found out he had had numerous affairs. Although we are living apart, he is still paying the rent. I pay the childcare, cable, coned bill, child medical expenses, and any other child related expenses. He makes about eight to ten thousand dollars more than I do but I am paying more expenses than he is. He occasionally buys milk, diapers, clothes, etc…for the kids but it is mostly on me. Don’t get me wrong…I am glad he is still paying the rent because I could not afford to pay it along with all of my other expenses. I believe he may be doing it to keep an upper hand on me and the apartment. It can’t continue like this. He seems perfectly happy with this situation. We got the apartment together when we were married(it’s a rental) but his name is the only name on the lease. Can I be forced out of the apartment because my name is not on the lease? He is currently living with a friend and our 1 year old twins live with me in the apartment. My husband comes and goes as he pleases because he still has a key and I am afraid to change the locks because I do not know if I can legally do it. He does spend time with the kids and I want that to continue but he has the best of both worlds. He is able to come and go as he pleases in our apartment and when he leaves at night he can do what ever he wants. The next morning it begins again. I want a divorce but he does not. What should I do? What rights do I have to the apartment and what help can I get with child care expenses?

Answer: If you are serious about improving your “limbo” situation and getting on with your life you must decide whether you want to file for divorce or not. You have children and you owe it to them if not to yourselves to try to make the marriage work. Have you tried marriage counseling? If counseling […]

Jun 12, 2018

Question #89: My parents have been married for 32 years. They are miserable and should have been divorced 30 years ago. They stayed together for my brother and I. My father was emotionally unavailable and verbally abusive our whole lives. My Mother wants to leave him but is fearful of how she will win a divorce case with him. She inherited money from her father that is left in her name only. She could survive on this alone, but is fearful he will take it in the divorce. How would this work and how can she be protected. She is 60 years old and scared. Any advice would help us. Thanks

Answer: Any asset including money received by inheritance and kept separate in the recipient’s name is separate property and not marital property and is not subject to equitable distribution upon divorce. If your parents live in the NYC metro area please have them call me at 212-370-1660 to discuss mediating their divorce. Leonard M. Weiner, […]

Jun 12, 2018

Question #88: My wife and I were married about 4 months ago. Our relationship has deteriorated drastically. She has threatened my life and threatened to “destroy me”. I have no hard evidence of either of those. Though the police did arrive to help me leave the house once. I have made it clear that I want out of the relationship but she refuses to leave. Only my name is on the rental lease. Some of the bills are in her name. I cannot afford to continue paying my current lease and get another place for myself. what are my options? If I file for a divorce who has to move? I am in New York City. What support will I be liable for considering the short time we have been married?

Answer: There are no hard and fast answers to your questions and all will depend on the judgment of the judge unless you both decide to mediate your divorce in which case you both can come to an agreement on how to divide what you have together and what would be an acceptable amount for […]

Jun 12, 2018

Question #87: In the state of New York, what is the laws concerning retirement related issues. My husband and I have been married for 30 years…..how much am I entitled to? Advise please! Thanks

Answer: Each party is entitled to approximately one half of the benefits that accrued to the other spouse during the course of the marriage. Leonard M. Weiner, Esq.Divorce Solutions

Jun 12, 2018

Question #86: I just wanted to find out what the ny state laws towards alimony is and does it also relate to someone who is on a foreign work permit.

Answer: Today alimony is referred to as “spousal support” and whether the court would grant spousal support depends on the circumstances of each individual case such as duration of the marriage, is the spouse seeking support employed, is s\he earning enough to support herself, the lifestyle of the couple during the marriage, etc. Under most […]

Jun 12, 2018

Question #85: I’m a 30 year old married women with 2 children. One is autistic. I do not work. I have a house with some debt and my husband has recently told me that he wants a divorce. He has said that I need to get out of our house so he can “start over”. Please help me and tell me what my rights are. I am totally involved with my children, especially my son. He is in an autistic program that requires a lot of attention which prohibits me from having any kind of decent paying job. My husband is not involved with my son at all and only sometimes spends time with our daughter. He is cheating on me and says he wants out. He now has said he will take custody of the kids too. I have so many questions, little money, and need a place to start. Help

Answer: You did not indicate which state you are residing in but in most states you would be entitled to approximately half of all your marital assets – any assets purchased during the marriage from money earned during the course of the marriage (e.g. house, car, 401K’s etc.). Since you are residing in the house […]

Jun 12, 2018

Question #84: My husband and I have been married for 4 years. We have a 2 year old son. He is military and I was until our child was born. We both agreed for me to get out of the service to take care of the child and go back to college. Everything we own is in his name even though we bought it after marriage. He has not been a very good husband and i am tired of being miserable. I want out after two years of trying to work it out. I have no job, no car and no income. He has agreed to let me keep the car and he will pay for it. We lived in TX and I decided to move back to VA with my family. I want him to be able to have a good relationship with our son but it seems almost impossible. I don’t want this to be ugly and I still want to be on good terms with him. I really don’t have the money to fight him in court over property. How much support is he required to give me until the divorce is final. The only bills we have is house, car insurance, etc. There is no credit cards or lines of credit. He has almost $1000 left over a month after all bills are paid. He says that if I decided for sure to divorce then I am cut off to any financial support besides child support which he is just paying the car payment for that. He wants to keep the house and I do not contest that even though there is over $10000 in equity in it. How can I do this peacefully? I can not afford daycare so I can go to school. I will get my G.I. Bill in Oct. but that is not helping me now. Jobs in my area (southwestern VA) are scarce and most people want full time and will not hire for a few weeks only. I would appreciate it if you can help any at all.

Answer: I cannot tell which state has jurisdiction over your case ,but in an”Equitable distribution state ‘ or a “Community property state” you would be entitled to approximately half of all marital assets (i.e. all assets acquired during the marriage with funds earned during the marriage regardless of in whose name the assets are registered). […]

LEONARD M.WEINER, ESQ, Ph.D.

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FINANCIAL ISSUES - MARITAL PROPERTY V. SEPARATE PROPERTY

Question #87: In the state of New York, what is the laws concerning retirement related issues. My husband and I have been married for 30 years…..how much am I entitled to? Advise please! Thanks

Question #86: I just wanted to find out what the ny state laws towards alimony is and does it also relate to someone who is on a foreign work permit.