My husband and I have been married for 20 years. We live in New York. He left the house. We have two 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?
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. Concerning alimony, which is now referred to as spousal maintenance or spousal support, and concerning the pension questions, the answers depend on several particular factors in your case, such as who was the primary provider for the family during the 20 years of marriage, how much did each one contribute to the support of the family, whether the remaining individual spouse is capable of supporting himself/herself, etc.
If you are living in the New York City metropolitan area, please call me at 212-370-1660 to discuss these and other matters which must be resolved to proceed with the separation and divorce.
Leonard M. Weiner, Esq./Divorce Solutions