Q: I have been married now for five (5) years. Two (2) years before I got married, I moved my wife and her son, who was fourteen (14) at the time, from Harlem, NY to Hartsdale, NY. My wife worked the first three (3) years of our marriage averaging $34,000. I am a Union worker who averaged $100,000 during our marriage, For the last two (2) years, my wife has been in between jobs and has asked me on several occasions to help support her daughter and granddaughter. This, has caused me a great deal of stress and anxiety, which is be treated my a certified mental health doctor. However, I am the adulter in my marriage and my wife has video proof of me committing self-sex acts over the phone and sending them to other women. The marriage is completely broken and unfixable. Nor, do I want to fix it. I own a co-op, which I bought in 2001. We lease a car together, and have a run up debt on credit cards. So here are my other questions:
a) is she entitled to five (5) years of equity in my co-op? Or does she get a 50%-50% split.
b) is she entitled to five (5) years of the funds contributed into my annuity and pension?
c) would I have to a “standard of living” cost to her?
A: David’s Answer: (a) Most likely neither, though she may be entitled to 5 years worth of mortgage principal being paid down during the marriage. (b) Most likely yes – assets which accrue value during the marriage are presumptively divisible 50-50. (c) Not exactly sure what you mean here, but I presume the query is regarding alimony (i.e., maintenance), which is surely a possibility in your case. Schedule a consult with a Westchester Divorce attorney for a full assessment.