Legal Question in Family Law in New York
divorce
I been separated from mywife for 9 years. There's been no sex between us and we have not stayed in the same place in that time. If I buy a new car or house (I rent now) will she be able to claim any of these if we get divorced after I do?( we do have a 9 year old that lives with her and I am current on my child support payments.)
2 Answers from Attorneys
Re: divorce
You need to either end the marrige or enter into a properly drawn up and filed separation agreement. Unless you do either one she is entitled to 1/2 of all your acquired assets as well as your investments and pension.
Re: divorce
You appear to remain married long after the marriage ended.
Until the summons is served for divorce, she would be entitled to 1/2 the equity in any new car or house that you purchase. If you have a pension she would be entitled to 1/2 of the pension during the time that you were married (there are some exceptions, and you can always claim that she did not contribute to the new house, car, pension etc.
You should consider ending the marriage so that these problems don't come up in the future. You are neither fish nor foul as the saying goes - you are married to her and hey not married to her.
If you would like to talk further about this, please feel free to contact me.
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