Legal Question in Family Law in New York

Nothing

My husband and I currently have a few things. We have been married for 8 years. During the 8 years,property really didn't add up. I own my own home, and work full time. He has been out of work now for 4 months and will continue due to his upper back injury. We have no kids, execpt our 3 dogs. He has two retirement checks and a workerman's comp settlement. What am I entitle to if he leaves me? If he leaves, and buy's a home (out of state), will I be entitle to that as well?


Asked on 8/01/04, 3:40 pm

1 Answer from Attorneys
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Nothing

Although, I believe the Workmen Comp benefit would be excluded...

BOTH of you would be entitled to an "equitable" share of any and all assets and benefits, acquired or appreciated during the marriage, no matter who holds title, or is named as the owner of the asset or benefit.

"Equitable" does necessarily mean "Equal." But, is calculated to represent the direct and indirect contributions to the acquisition of the asset or benefit, that the non titled holding spouse made.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 8/02/04, 9:50 am


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