QUESTION
What am I entitled to after 25 years of marriage?
Asked on May 19th, 2014 on Divorce - New York
More details to this question:
My husband of 25 years was supposed to be on a business trip. However, when he was gone, I found out he was cheating on me and went away with his girlfriend. For 10 days, I had no idea where he was, nor did he call me. When he came back, I confronted him and he wants a divorce. We own a home jointly and have a 23 year old son in college. I have worked our entire marriage and he owns a business. He has not left the home yet, and harasses and screams at me every day about how he will not leave until I agree to get nothing so he can leave. I will not agree to his demands. He wants to give me nothing but the house that is mortgaged the entire amount the house is worth. He has not come home for 3 days and I find this humiliating, I just want him gone. Can I legally put his clothes on the porch? Or change the locks? I cannot take the stress anymore. I want this over, but I think I am entitled to something for 25 years of marriage and being harassed every day so I will sign the papers and get nothing but debit is wearing me down. I just want him out at this point.
2 ANSWERS
Bruce Provda
You need to speak with a divorce attorney right away, your husband probably has. There is much you are entitled to generally half the house, part of his pension just to name a few. Don't let him manipulate you into an agreement not in your favor. If he has the larger income he could be ordered to pay your attorney fees so don't let that stop you.
Answered on May 21st, 2014 at 11:18 PM
In a divorce action - there is equitable distribution which applies to; 1) division of property both real estate, pension plans, businesses, stock portfolios, art, etc. 2) and then there is the equitable distribution in income - meaning the higher incomes spouse will be liable to pay for the less monies spouse via a formula and also the attorney fees will be paid by the more monies party to the divorce action. In your case, if the husband opened his business after the date of the marriage, his business becomes a marital property and will need to be divided. Usually in in such circumstances, the business owner spouse does not have the cash on hand to buy out the other party and so there are usually payment plans which are calculated to pay over a specified time with interest the half of the total amount of the business sum that was evaluated by forensic accountants.
Answered on May 21st, 2014 at 11:17 PM