Legal Question in Family Law in New York

Re: divorcing abuse spouse

If you file for a divorce based on cruel and inhuman treatment by your husband, you are entitled to ask for spousal support, and at least equitable distribution of the assests.

You should seek an assistance of an experienced attorney to handle this matter for you.

You can contact our firm if you need further assistance.

Re: divorcing abuse spouse

Q. 1. he owes me money from before we married. He ran up debt in my name. I don't know if that would apply to the divorce but how can I get him to take responsibility for that?

A. The debt is from prior to the marriage. You would have a separate cause of action for the repayment of the non-marital debt.

Q. 2. I have a 401k can he get half? and

A. The 401K would be divided as follows: A fraction shall be determined, the numerator of which shall be equal to the number of months from the date of the marriage until the date of the commencement of the action for divorce, and the denominator of which shall be the total number of months during which the pension benefits accrued to the date of his retirement. The resulting fraction shall be multiplied by Fifty (50%) percent for the Husband�s share. The resulting percentage shall be the percent of the total gross pension benefit due to the Husband.

Q. 3. If he requests supousal support what are the odds that I have to pay?

A. Without any additional information other than a 3 year marriage, he would probably not qualify for maintenance.

Mike.

Re: divorcing abuse spouse

I only handle divorce cases where there are allegations of abuse or economic fraud.

In your case, the answers as I see them are:

1."He owes me money from before we married. He ran up debt in my name. I don't know if that would apply to the divorce but how can I get him to take responsibility for that?"

A: It would be an issue in a divorce, however it is not a lock and would only be available to you if you can show the debt was recognized and for his benefit only. The situation is very fact specific and should be discussed as part of your consultation with your attorney.

2."I have a 401k can he get half?"

A:Yes but only half of how it appreciated and of contributions made since your marriage. If there is a loss, and no contributions, he gets zip.

3."If he requests supousal support what are the odds that I have to pay?"

A: In a three year marriage, if he is not disabled and can work? Assuming your marriage did not somehow put his career asunder, it is highly unlikely you will owe him any spousal support.

If you want to discuss this further with me, please contact me through the links provided below.

Good Luck.