Legal Question in Family Law in New York

Investment management

My ''job'' during our marriage was managing my husband's retirement funds, which I did alone. I also did this for him before we were married. He had no imput at all. All the funds were actually earned prior to the marriage.

What claim can I make on the portion I've earned for him? It has been 10 years, 6 prior and 4 after. I have never spent a penny of it, but he has.


Asked on 4/21/07, 9:45 am

2 Answers from Attorneys
Tracey Bloodsaw Law Office of Tracey A. Bloodsaw

Re: Investment management

If you file for divorce, the only portion of what was earned that is subject to distribution is the amount earned during the marriage. If he has spent some of it then depending on what it was spent on, it may be subject to distribution as well or credited to you if it is considered "wasteful dissipitation". You can contact me for a consultation www.traceyabloodsaw.com

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Answered on 4/21/07, 10:51 am
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Investment management

You would be entitled to claim your "spousal" or "equitable" share and interest in the "Appreciated Value" of All of your spouse's assets and investments, from the date of your marriage to,... your divorce "file date" or the date determined by the Court.

Your "equitable" share or interest is determined by a number of factors, including but not limited to your direct contribution to your management of the funds or assets. "Equitable" does not necessarily mean "Equal."

Good luck,

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Answered on 4/21/07, 5:07 pm


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