I am living in New York City (Brooklyn). I need to know my rights for a legal separation. I would need to move out of the home I am currently sharing with my husband and two daughters, 2 and 7 yrs. I would like to take my daughters with me and the furniture I acquired before I was married or had children. I am also contemplating relocating to another State with the kids, but I do not know the laws of separation in New York. Also, I am concerned that due to my earnings being more than my spouse’s, I will be responsible for paying support to my husband. If I later file for divorce, will he be entitled to any assets I acquire after the separation (i.e., 401k, savings, etc.)?
The courts in New York have become more receptive to the idea of the custodial parent moving out of state. Each case is reviewed individually by the court on its merits, with the prime consideration being the well being and benefit to the children. Generally, the courts are reluctant to allow one parent to take the children away and thus interfere with the ability of the remaining parent to visit and develop a strong relationship with the children. You cannot simply take the children and run to a different state without first getting court approval.
Concerning your earnings which are greater than your spouse’s, it will all depend on how much of a gap between the two incomes there is, and your spouse’s ability to live on the income he makes by himself, and the economic level you both were accustomed to living at when you were married.
Once you file the Separation Agreement, all the earnings of each party will belong to him/her individually from the date agreed upon, if you so provide in the Separation Agreement.
If you wish to discuss this matter at greater length and are interested in considering mediation of these outstanding issues, please call me at 212-370- 1660.
Leonard M. Weiner, Esq./Divorce Solutions