Legal Question in Family Law in New York

spousal support

my wife had filed for divorce in feb. 05, i have followed every step of the process, at first i did not want the divorce until things got so bad at home that i had to get a restraining order on my wife because she pulled a 16'' knife on me during an argument. i have made every proposal attempt and tried every method of negotiating through the legal system to put an end to this marriage. there was an issue of custody and for the benefit of the four children i thought it best to not have them witness the fighting any longer i conceded on the custody battle.

today i received notice that she has now filed motion that she wants the house as well as everything else she was going for.

My question is this if she where awarded custody of the kids and therefore received child support, with this and any payment that she would get from me for maintenence, she would not be able to finantially support the house by any means, and her attorney agrees with this fact. she also has alternate housing available at no cost to her.

Would the courts literally through me out on the streets when i have the ability to afford the house and she does not? or what other factors are involved in the decision?


Asked on 7/20/05, 10:05 pm

1 Answer from Attorneys
Jean Mahserjian Jean M. Mahserjian, Esq., PC

Re: spousal support

If you wife cannot afford the house, even with all of the support being paid to her, it is unlikely that she will receive the house. The judge could order it sold. However, if you request the house and you can pay for it, the judge may award it to you.

If you would like to discuss this matter in depth and discuss how you should proceed so that you do obtain the house, telephone my office at 518-383-1182 and speak with Alexis to schedule a consultaiton.

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Answered on 7/21/05, 12:06 pm


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