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Want divorce my husband. I can't afford to move out. He's the bread winner.

New York, NY |

He owns his own business, my name is not on the business bank accounts. We've been together for 8 years, married for 1. I've asked him to give me money so i can afford to get an apartment and start over. He won't. Do I have any rights to his business account?

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Attorney answers 5


Under the new temporary maintenance law, you can file for divorce and demand temporary support. The calculation is the lesser of the two numbers: 30% of his income minus 20% of your income, or 40% of the total martial income. With regard to the business. If the business was acquired during marriage, then the business is marital property and part of it would come to you. How much is subject to additional factors. If the business was acquired before marriage, then, if it increased in value, you may be entitled to the increased value. Business ownership and marital property is a little complicated and varies based upon each individual case. I would suggest talking to a matrimonial attorney on this.


You are entitled to spousal maintenance and can also seek for him to pay your legal fees. Consult with an experienced divorce lawyer as soon as possible. You may be entitled to a share of the business based upon your contributions to the business.

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If you've only been married for 1 year, while you can ask for maintenance (i.e., alimony), you're unlikely to get much in terms of duration, unless your husband is earning well into the 6-figures. Nevertheless, any assets which accrued value, generally speaking, you may have a claim for up to 50% of. As such, you should schedule a consultation with a NYC Divorce attorney for a full assessment.

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I'm not interested in the duration and I really don't want to attack his business, I just want enough to get out.


You definitely need to consult with a matrimonial lawyer in person. Your question about the business depends on facts you haven't provided. You need an in depth consultation.

I am not your attorney and any posts/messages or responses to posts/messages can not establish an attorney-client relationship. You should not rely upon free legal advice and I disclaim any liability for the results if you do.


In addition to what the other attorneys have said, you can start an action for divorce even though the two of you reside together, thouh not cohabitating.

If you found this "helpful" or "best answer," please click it with my appreciation. My response is for educational purposes and does not constitute legal advice nor creates an attorney client relationship which requires all the details and a personal conference.

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