Legal Question in Family Law in New York
equitable distribution
My wife and I married in 1983 - had 1 child in 1988 - and in 1994 my wife took our child and moved back to New York. I forwarded divorce paperwork to my wife in 1996 and again in 1999 from Alaska which she refused to discuss. In 2002 I hired a lawyer in New York and filed for divorce. She and my daughter have been living with another man and his 3 boys and for the past 8 years. Her financial statement submitted to the court stated that she pays ten ($10.00) dollars a month in household expences. I've maintained life and medical insurance on my daughter, paid for othodontic braces, etc. We filed for bankruptcy before she left Alaska, we signed our home over to a reality company for sale-neither of us profited from the sale. I began contributing to a Thirft Savings Plan in 1993. The approximate worth of the TSP was $47,000 when my lawyer filed for divorce. She wants 50% of the TSP and states that her living arrangements for the last 8 of the 10 years doesn't matter. She will not settle for less than 50% of the TSP. Is our separation, bankruptcy and her living arrangements considered unique circumstances for the court to award her less than 50%?
2 Answers from Attorneys
Re: equitable distribution
She is looking at the bank account as something that is subject to equitable distribution. However, your contributions to that account after the separation should not be counted and she should receive zero.
Re: equitable distribution
"EQUITABLE DISTRIBUTION" does not necessarily mean "EQUAL DISTRIBUTION"
The Court may find that you have "offsets" to any claim or interest she may have in your pensions. Offsets could be the 50% contribution or share that she DID NOT make to the marriage or acquisition of the asset.
You must get a lawyer.
GOOD LUCK,
PHROSKA L. MCALISTER,ESQ
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