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How does a divorce settlement work?

New York, NY |

For instance, say my assets are worth $10 million. If there is a separation, how much money would be paid? Secondly, is there a way you can deny settlement amount if there is suspicion that your spouse wanted to marry you for your money and then divorce?

Attorney Answers 5


  1. Best answer

    Many more facts would be needed to answer your question. The length of the marriage, when those assets were accumulated, how those assets were accumulated, etc. You can deny being cooperative with your spouse, but they likely eventually a judge will split up your marital estate for you, which will likely prove to me much more expensive.


  2. This is not the forum to get an answer to your question. If you have 7-8 figure assets, you should be meeting with an attorney in a confidential setting to discuss your options and expectations. You can find attorneys by searching among the profiles here on Avvo. Good luck!

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: marykatherinebrown@hotmail.com. All of Ms. Brown’s responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.


  3. I agree with my colleagues and add one additional point. If it is a settlement it means you both came to an agreement. So the terms are what you agreed to

    The above answer does not constitute an attorney client relationship and/ or retention of counsel. This answer is based upon the facts presented and may change if additional information is provided. The rules of the Bar for New York State may require me to advise that this could be construed as attorney advertisement.


  4. I agree with all my colleagues and strongly advise you not to enter into any agreements without a competent attorney. A separation agreement is like any other contract and you may have some defenses.


  5. I think when you mean "settlement" you are really asking how this will most likely end up if decided by a judge. As colleagues mentioned, a "settlement" is what is negotiated. So, what a court will probably do affects what you and your spouse will settle for. As mentioned, there are way too many variables here to answer this. Get a good attorney, know that a good attorney will require an appropriate retainer, esp since there is so much to fight over here AND matrimonials are often highly contentious, time-consuming AND the atty can't just quit when the client's retainer runs out. It is NOT greed, at least with me and the people I work with. You may also want to make sure your attorney has funds to try to confirm your suspicions-you would be surprised at what a PI can find and how, even if the things the PI finds don't "technically" affect the legal aspects, they may impact the other party's willingness to negotiate. So, maybe he is filmed with...I won't get into details of what i have seen and/or heard about but you get the idea

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