Under NYS law , what is a wife entitled to in a divorce ?
Husband moved out of residence (single family dwelling) 10 months ago
He continues to pay the bills
Both work full time
2 kids, 19 (college sophomore) & 14
Admitted infidelity on his part multiple times.
No contact or interaction with him other than the notes that he leaves when he comes to pay bills. (I am not home when he does so).
Daughter (14) couldn't care less if she sees him or not.
House and all monies in both names.
5 attorney answers
You should hire an attorney to commence a divorce seeking the distribution of property, custody, child support and, depending on your relative incomes, support for you.
Equitable distribution (not necessariy 50/50) of assets and liabilities that are marital. If you are the residential/custodial parent, then you are entitled to 25% of post FICA of other spouse's gross income, and possibly exclusive use of the marital residence if it is not sold for any one of various reasons.
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You are entitled to equitable distribution of all marital assets. Equitable means "fair", but generally results in a 50/50 split. You should consult with an attorney to determine if there is any viable claim to a different split in your case. It sounds like you would be the custodial parent. That would result in a child support payment to you. If you have custody of both children, child support will be 25% of his gross less fica and medicare. There are other components to support, including health insurance and medical bills. But, your attorney will need income figures for both of you to properly calculate all child support numbers. Spousal maintenance could be an issue - either temporary or permanent. But, both depend on what your respective incomes are.
You're entitled to equitable distribution of the assets and child support. Whether you're entitled to anything else depends on what each of you were earning. What you get depends on how good your lawyer is. It is time to speak with a matrimonial lawyer in your area.
If you'd like to discuss, please feel free to call. Jeff Gold Gold, Benes, LLP 1854 Bellmore Ave Bellmore, NY 11710 Telephone -516.512.6333 Email - [email protected]
The wife is entitled to:
1) equitable distribution of the marital assets, meaning half of anything of value received by either party during the marriage with the exception of inheritances kept in separate accounts and personal injury awards;
2) child support
3) depending upon the relative incomes of the parties, possibly some amount of spousal support (alimony)
4) an equitable share of any deferred compensation accounts or pensions accrued during the marriage.
She should consult a local divorce attorney to discuss her situation in detail.
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