Legal Question in Family Law in New York
Divorce/when spouse no longer can claim assessts.
I am legally separted in New York. Did my spouse's claim to my income and assest's stop at the filing of the separation papers or does it stop at the serving of the divorce summons?
2 Answers from Attorneys
Re: Divorce/when spouse no longer can claim assessts.
This is an interesting question.
Separation is New York's way of providing 'no fault' divorce. It is the beginning of a legal action for divorce, not the ending.
The separation may include agreements on maintenance (regular payments to your ex) or transfer of asssets to her. It is typical that the separation agreement becomes the foundation of the eventual divorce decree or judgment.
The separation agreement will likely become the divorce agreement and will stay in effect as long as the separation agreement indicates.
It's a good idea to consult a lawyer at some time in this process to go over the separation agreement (soon to be the permanent divorce agreement) and make sure there is no 'crafty' or 'artful' drafting that will create an outcome that you do not anticipate.
You are welcome to arrange a consultation with me by email.
Re: Divorce/when spouse no longer can claim assessts.
If you signed an agreement, it stops when the agreement says it does.
Daniel Clement
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