Legal Question in Family Law in New York

financial distribution of marital assets

After 19 years my sister -in -law served my brother with divorce papers out of the blue. he is very distraught, and depressed. that aside, my brother is a bartender for over twenty years, as well a a small pension from a job he had as a young man before he was married. for the past twenty years he has made very good money although most is off the books. his wife is a nurse , so they have always used her insurance. over the past eight years she got her doctorate and became a professor of nursing at a prestigious college. it has only been the last three years that her salary has passed his . they have always completely shared their money. in just the last three years she opened a 401k and has already put 80,000 dollars in it . my brother cannot understand where that money came from. most of us think she is making much more since getting her doctorate and has not told him. she did tell him this was years in coming , although never suggested marriage counseling. being that most of his money is off the books and he will be paying child support, needless to say she says the 80,000 401k is only hers because that is her pension. does he have any claim on any of it so that he can get an apartment and put a little money away?

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