Legal Question in Family Law in New York

Husband threatening to divorce and sue if his demands are not met

For the past 3-4 years, my husband has been operating a failing business. When he goes to Korea to stock up on merchandise (it's a Korean clothing store), he always asks me for loans. He owes me over $20,000 now, but I know he won't be able to pay me back with this business. He has finally realized that his business isn't sufficient, so he wants to open another business. He is demanding $200,000 from me so he can do this. He's demanding I open a line of equity on our house (bought for $500K) for $200K. But obviously if we cannot make these payments then the house will be reposessed. I have 2 children, 21 and 17. The taxes are filed under my name - it currently says I am the sole money-earner. My husband also has a skill as a Korean chef - he can easily get a job as a cook at a restaurant and earn a decent wage, but he said he'd rather die than work under someone else. He has threatened to divorce me just so he can receive half our assets (we have 2 cars also) so he can start this business. What can I do? If he divorces me, will he clearly receive half of our posessions?


Asked on 10/02/05, 11:40 pm

2 Answers from Attorneys
John O'Donnell Attorney at Law

Re: Husband threatening to divorce and sue if his demands are not met

It is not a certainty that your husband will receive 50% of your assets.

There are many factors to be considered in the distribution of "marital assets." For example, some of your assets may not even be considered marital property.

I would highly recommend that you consult with an attorney so that you may be apprised of your rights.

If you need assistance with this, or any other legal matter, please feel free to contact me at (212) 971-1384.

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Answered on 10/03/05, 5:39 am
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Husband threatening to divorce and sue if his demands are not met

This is a difficult situation. I am sorry that it is necessary for you to defend yourself from someone who has been so close to you. This is really what lawyers do: they help people defend themselves.

You are looking to insulate your property from the category of 'marital asset to avoid giving him 1/2. One of the standard tools for this situation is: a trust. There are others.

You are welcome to a consultation for no fee.

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Answered on 10/06/05, 5:15 pm


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