Legal Question in Family Law in New York

Distribution of maritial assets

I have been seperated from my husband for 3 years. I have a family court child custody agreement in which I have physical custody of two children.I have a child support order which arears are owed to me about ten thousand dollars. My quesion is any money that I have accumulated in the last three years will it have to be distributed as a maritial asset when I file for divorce. I do not have a legal seperation. Each year I contribute to my IRA and have somewhat of a savings.

MY husband has financial problems and basically makes enough money to support only himself and his addictions.


Asked on 9/18/00, 11:53 am

2 Answers from Attorneys

Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Distribution of maritial assets

You say you are separated for three years, and you already have a custody order, and a child support order.

Your situation could be greatly simplified by filing for divorce now. You are NOT legally separated, so what are you waiting for?

Suggest you have a consultation with an experienced matrimonial attorney to learn your rights and options.

Hope this helps.

www.BravermanLawFirm.com

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Answered on 11/25/00, 11:38 am
Daniel Clement Law Offices of Daniel Clement

Re: Distribution of maritial assets

While all assets acquired during the marriage must be distributed, they are distributed equitably after consideration of a number of factors. If I understand your situation correctly, I do not think you need be overly concerned about your husband's claims to your assets.

Daniel Clement

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Answered on 10/18/00, 9:53 am


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