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Question: Divorce, Marriage, Alimony - New York

Asked on 8/14/2009
What are my rights in a divorce settlement for alimony and property division in the state of new york
Married 9 years, no children or home to contest. Wife is major income provider (90k) vs (30K).wife left home to live with sister,unquenchable differences. Currently in between a steady job , no college degree. Together have appr 60K in savings. not sure how much wife has in retirement plan thru work. health insurance is thru wifes plan. What are my rights in new york for property division, rights to pension/retirement plan and am I eligible for alimony until I can restart new life.

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Answers (2):

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Thank you for your inquiry.  In New York, maintenance (f/k/a) alimony), is not automatic however it sounds like some maintenance may be appropriate under the circumstances.  It is more likely if she is not taking care of your children.  It depends on the circumstances of each particular case.  Marital property is subject to equitable distribution which does not necessarily mean equal but what is fair.  A starting point is to consider splitting everything.  I am a New York matrimonial attorney.  Give me a call if you would like to discuss the matter.  It would be my pleasure to speak with you aobut the case.   Darren M. Shapiro, Esq. 631-882-3140



  • Answered on 8/14/2009
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AttorneyPages has verified that this person is an attorney.

NY is an equitable distribution state. As a general practice you will be entitled to half of all the property that was accumulated during the marriage (absent egregious conduct). The court may award you alimony until you are self sufficient. However, you need to be looking for a job and should keep a job search diary.

Regards,

EG

(718)689-0282



  • Answered on 8/17/2009
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