Legal Question in Family Law in New York

I am contemplating a divorce as my husband has been secretly setting up lunch dates with girls who just turned 21 (he's 55) and has been making sexual suggestive remarks to them in chat rooms. He has no idea that I have been able to access his Facebook account and have been keeping tabs on his chatroom activity since I have suspected something was going on for a few weeks now. This isn't the first or second incidence of various infidelities. I tried to work through a few of them, but I am 60 years old and don't want to have mistrust in our lives anymore. I want to pursue a divorce, but am so afraid that he may take my retirement from me as he has heard that he can in NYS. I am a secretary and have worked all my life (31 years) and have been the main bread winner as he was a salesman and then a janitor for most of his life. I fear that he would be entitled to it and I don't know if I could go through with a divorce knowing this. He has a small retirement fund as well, but not to what I was making. He may be receiving social security disability soon for problems he has had after his back surgery. I have had several medical issues as well. Should I worry about the retirement or just realize I will have to give him half. It doesn't seem fair. Any help you can provide would be greatly appareciated. Thank you.


Asked on 2/10/10, 12:48 pm

1 Answer from Attorneys
Kristen Browde Browde Law, P.C.

Under New York law things of value acquired during the marriage are presumed to be marital property, and are divided in a process known as equitable distribution. What is equitable in any given case varies - it isn't always 50-50. You should discuss your situation with a divorce lawyer in your area to work out the best possible solution to deal with your issues.

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Answered on 2/15/10, 2:30 pm


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