Legal Question in Family Law in New York
Entitlement
I recently accepted the chrysler buyout for 100,000. my wife and I are seperated but not Divorced, is she entitled to any of the money
1 Answer from Attorneys
Re: Entitlement
This will be a short and incomplete answer, but I am hoping it will provide some guidance and direction for further inquiry.
When you say 'separated', does this mean that one of you filed for a divorce in a court of law or have you each signed a 'separation agreement'?
If the answer is yes to either question, then she has no rights to your earnings after the signing of the separation agreement or filing date.
This brings up the question of whether or not the buyout compensates you for anything you earned in the past but will no longer receive.
Pensions, health benefits after termination, etc are based upon past earnings and she retains an interest in these.