Sharon Marie Faulkner's Answers

NY divorce and separation laws and procedures

Unfortunately you are not "legally" separated until you either sign a Separation Agreement (in the proper form and notarized properly) or you pursue a Judgment of Separation (although this is rarely done). The spouse who remains in the home would have a cause of action against the one who left for abandonment after one year if suing for divorce. Bottom line is that you are not legally separated just by living apart until there is a signed agreement or a judgment of separation.

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Family court support.

If the matter was set for an inquest you will be basically having a one sided trial where the support magistrate will determine the amount of support your husband must pay. Child support for 2 children in NY is 25% of your husband's after tax income and child support is through age 21. It would be helpful for you to bring any evidence you have of his income, including paystubs, tax returns, W-2s, etc. You should also bring any evidence of your expenses, including houshold expenses, medical...

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Divorce

You need grounds in the State of New York to get a divorce, which include cruel and inhuman treatment, adultery, abandonment or constructive abandonment for one year, or living separate and apart pursuant to a valid separation agreement for more than one year. I would suggest you find a divorce attorney in Westchester who can discuss your options and come up with a plan to move forward with a divorce.

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I am in the process of a divorce. He has a NY State pension, worked about 20 years and been married 15. How much is divided?

The law in New York is that the marital portion is divided, usually 50%. The marital portion is what accrued from the date of your marriage until the date either a divorce proceeding is commenced or another date you agree on (e.g., date an agreement is signed), so pursuant to your question, 15 years of the 20. You must also be sure to negotiate that you also receive your proportionate share of pre-retirement death benefits, a joint and survivor annuity, plan enhancements, increases, etc.