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.
2 Answers from Attorneys
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
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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