Q: 1. Married for 37 years.
2. My spouse is 68 years and earns high income. I work part time and low income
3. Has 401 k and retirement plan
4. We own 3 properties
5. No debts.
I want to make sure that nothing gets touched when I move out and file for divorce later. At the time of filing for divorce I don’t want to be in the same place.
A: David’s Answer: Mere possession doesn’t affect asset distribution in a divorce – thus, you’re generally able to move out (especially when there’s no minor children involved) without repercussions. If you need money to move out, you can file a petition for spousal support in the Family Court first before filing for divorce. Bear in mind, however, that a mere Family Court filing doesn’t restrain him from disposing of property/assets – only a divorce filing does so. Schedule a consult with a Westchester Divorce attorney for a full assessment.