Legal Question in Family Law in New York
20+ year separation, is Eq. Distribution applicable?
My father & mother have been separated for over 20 years (no sep. agreement). My father had supported 4 children whom are all fully grown, because my mother abandoned our family. My father has also earned pension/annuity from a job he got and retained after they split. Is mother entitled to any of the funds? What are the steps to take if (strangely enough) there is rights for her to receive any of his pension funds? She may contest, because she tried to sue a few years back for believe it or not, child support, and divorce on grounds of abandonment!Will a pro se divorce be fairly easy, under these circumstances, and roughly what would the costs be? Thanks in advance for any help!
1 Answer from Attorneys
Re: 20+ year separation, is Eq. Distribution applicable?
A final divorce is necessary to cut off any and all title and interest your mother may have in your father's property. Because of the potential complexity of issues, a "Pro Se" divorce is probably not appropriate for this case.
Under NY State & Federal Law, your mother has a claim for a share of ALL of your father's, assets, including but not limited to his pension, annuity, savings, investments, home, etc., on the basis of the continued existence of her marriage.
So, stop attempting to further "protect" your DAD from the pain or discomfort of confronting his wayward spouse, it will only delay the inevitable, and probably make things worse for everyone.
Therefore, as "good children," help your DAD do what is necessary. ALL of you should insist that your DAD retain an attorney, ASAP, for the purpose of immediately ending his marriage to your mother; and for the purpose of helping him protect himself and his assets, from his labors, from greedy, disrepectful hands.
Good luck,
Good luck,
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