I live in upstate New York. My husband bought a piece of land with an old house on it before we were married.We knocked down the old house after we were married and built a new house.I have paid all the household maintenance bills and contributed to the raw material of the new house.
We have been married for 8 yrs. We have a prenuptial, I think, is invalid. I did not have an attorney and was presented the papers ten days before our marriage. There has been domestic violence on several occasions. I have recently been out of work and am receiving social security disability. I cannot go back to work. He made 138,000 last year but denies I am entitled to anything. We have no children. Please advise.
Two main issues:
1. Whether you are entitled to spousal support;
2.The division of marital assets and whether the house is considered a marital asset.
2. I would have to examine the prenuptial agreement that you signed to accurately answer these questions. I would need more details about the circumstances around which you were asked to sign your prenuptial agreement. I would also need to examine how the title to the property is held and whether you can substantiate the contributions you made to the house and the mortgage.
Concerning the second question of spousal support, depending on whether there is a significant discrepancy between your income and his, and the standard of living that you have maintained as a family cannot be supported on your income, you will most likely be granted some spousal support.
If you are living in the New York City metropolitan area, I strongly suggest that you call me at 212-370-1660 to discuss the matter at greater length.
Leonard M. Weiner, Esq./Divorce Solutions