Divorce Solutions

Question #71

My wife have been married for 4 years. We married in NY and lived there for 2.5 years. We then bought a house in NJ where we’ve lived for 1.5 years but I”ve continued to work in NY. We have a 4 year-old daughter. I have a high school education and have worked at the same job for 10 years and make about $80k/yr. She has a BA in business and worked for a year and a half making about $40k/yr but then stopped work to pursue a second degree to become an RN. She now goes to school full-time and works part-time making about $1600 net a month. I want to get a divorce and my questions are this: 1. If I wait another year to separate so she can finish school, will I be forced to pay more alimony because I’ve set a pattern of paying all the bills, or will the court take into consideration that she now has plenty of work opportunities with her degrees? 2. When I leave her I intend to move back to NY. Where do I file my separation and do I have to make a separation agreement with her prior to leaving? How long do I have to wait to file for a divorce? 3. To what extent does she get any proceeds from my sizeable 401k? Does she keep on getting entitled to more of it during the separation? 4. Will my child support payments be reduced once she returns to the workforce? 5. I believe she has money saved in a separate account or in her parents’ name. What can I do about this and will it affect Distribution of our property? 6. I want her to continue to live in the house with my daughter but will I be required to continue paying the mortgage, car-insurance, credit cards, utilities, etc? Thanks in advance for your help!

If you’re both living in New Jersey for over one year, New York will not have jurisdiction.

One of the parties must be living in New York State for over a year to file in New York.

I strongly suggest that you consider mediating your divorce rather than litigating it in court, which will cost you much money, aggravation and take much more time. Please call me at 212-370-1660 to arrange for all of us to meet together to discuss mediation, at which time we can address
all of the other important questions about which you are concerned.

Leonard M. Weiner, Esq./Divorce Solutions