Legal Question in Family Law in New York

compensation

My wife abandoned the marital house 2 years ago because pof an affair she was and still having and has not contributed one dime towards the expenses to the mortgage, taxes, home owners insurance, nothing. Custody has been determined whick is shared legal and physical across the board. However NYS has a law in which even though everything is shared I am paying her $170 a week due to the fact that I make more money than she does while she lives at her mom s for free. Nice setup. I am looking for a divorce, enough is enough. I have an attorney here locally that has not done jack shit for me. However she does claim that when equitable distribution is calculated the only thing I will receive is the principal paid on the house since she abandoned the home as well as half the taxes and insurance and she need not have to come up with a dime for all the interest that I have also had to pay on the loan. Is this all true and if not is there anymore that can be done via an attorney from your database? Thank you...John


Asked on 8/29/06, 4:57 pm

1 Answer from Attorneys
Seth Kaufman Kaufman PLLC

Re: compensation

Marital assets are divided according to a number of factors, including the length of the marriage and each spouse's contributions to the property, all set forth in the DRL "equitable distribution" provision. Many facts are considered and the Court has a fair amount of discretion, so you really do need to discuss all of the circumstances and details with an experienced divorce attorney if you want to understand how the Court might deal with the house in a divorce. Feel free to call my office if wish to schedule a consultation.

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Answered on 8/31/06, 10:45 pm


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