Legal Question in Family Law in New York

Re: Seperation/divorce laws 10year marriage.

The prior attorneys gave good information however the 10 year marriage question only relates to your right to receive part of your husband's Social Security payments if he should pass away when you are over the retirement age. In that case you may receive additional funds from Social Security.

Re: Seperation/divorce laws

You can only be legally separated if you have a judgment of separation or a properly executed agreement.

You will be entitled to equitable distribution of all of the marital assets including the pensions.

I suggest you contact me or another lawyer to fully explore your legal rights.

Daniel Clement

Re: Seperation/divorce laws

Unless your separation agreement is written and notarized, it is not valid. You are entitled to an equitable distribution of marital property, and your husband does not give up his rights because he left the home. You should definitely contact an attorney to discuss your rights. Feel free to contact me via email to discuss this further.

Re: Seperation/divorce laws

New York does not have divorce at will. Unless he has grounds for divorce, the court will not give him one. If he has you served, you will need an attorney to defend you.

What you have to decide is whether you really want to stay married to him.

A properly drafted Separation Agreement should protect your interests to the house, his pension, custody, child support, health insurance, maintenance, and counsel fees.

If you wish to discuss this with me privately, please call to schedule a consultation.

I practice in NYC and Long Island.