Am married to my husband in New York City for 23 years. We’ve lived apart for 22 of those years. We do not have a legal separation agreement. We file our taxes separately. We have a 23-year-old son. I do not have assets, just debt. I recently came into a financial windfall, is he entitled to half of this money? Can I go to a lawyer to have a postnuptial agreement that will award him some money but nowhere near what he would get if we went to court? If he accepts this agreement, can I also stipulate that he has no claim to anything else from me or whatever I may give to our son? He’s not a bad guy, just a deadbeat. He supported my son for the 1st 15 years of his life. That money went to education only. I assumed all other responsibilities.
The source of the “windfall” (i.e., was it an inheritance, lottery winnings, etc.) is very important to determine if your spouse has an interest in those funds.
Please call me at 212-370-1660 to arrange for an appointment to discuss this matter in greater detail.
Leonard M. Weiner, Esq.