Legal Question in Family Law in New York

protecting marital assets

My father moved out of the house Dec '04. He is paying the mortgage & bills w/o an agreement, just in good faith. Since he moved out he has closed a joint bank account, after paying off debt with balance and has sold stocks and put the cash into an accessable bank account w/o discussing this with my mom. At this point my mom is does not want a divorce, but is concerned about a financial future. They have been married 32 years, he has a 401k post marriage, stocks from bonuses, $50,000+ in bonus money unaccounted for, employee savings plan in addition to joint assets, bank accounts, house. She works outside the home, but he is the primary breadwinner. Adult children also live at home.Can a legal separation prevent him from moving money around or does she have to file for divorce?


Asked on 9/16/05, 6:13 pm

1 Answer from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: protecting marital assets

It looks like your parents are moving towards a divorce. This is not a disaster, just a new direction for your family.

The change in status of the assets is something that can be addressed in a separation agreement. In the absence of either a divorce decree or a separation agreement, there is no legal basis to restrain his actions.

You are welcome to a consultation for no fee. Please bring your mother - she is the person best placed to make decisions.

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Answered on 9/16/05, 7:11 pm


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