Legal Question in Family Law in New York

I live in New York State and have been married for 11 years, and have two school aged children. We have been preparing for a divorce. Two days ago my husband asked me if there was any hope for reconciliation, and I said, no. Today he tells me that he has closed our credit cards, withdrawn half our savings, and taken half of our cash from a third acct, $250,000, to be exact and put it into an irrevocable trust for our daughters. i did not approve or consent, and it seems as though he is obviously doing this in anticipation so that I cannot get an equitable share of our estate. Am I correct in thinking this falls under section 12 of the property distribution law in NYS?


Asked on 5/21/14, 10:09 pm

1 Answer from Attorneys
Steve Brodsky Esq. CheapNewYorkLLC.com

It's time for you to file for divorce ASAP. Have your lawyer file a motion to immediately reverse your husband's actions. This is why I never advise clients to discuss divorce when there are significant finances involved. If you had filed for your divorce and served him with papers, he would be under court order to not touch any assets, and he would not have legally been able to do what he did. People do crazy things once they know the marriage is over, and you tipped him off to that.

Now you are working from behind the 8-ball so to speak, and it's going to cost you more money and headaches to try to undo his actions. Having said all that, it is likely that, if he really did take exactly 50% of everything, the court will allow his actions to stand, since it is generally what you would have gotten after the divorce anyway.

Read more
Answered on 5/22/14, 9:31 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York