Q: I recently found out that my husband of eight years has been cheating on me. He owns and operates a six-figure construction company and is the main provider in the home. Throughout the marriage He constantly complained about financial problems stating that the business is not doing well and that we are broke. As a result, He does not give me any financial assistance and no health insurance. I recently found out that he has a mistress and have been financial supporting her. This past weekend he took her on vacation to Atlantic City. I have the bus pass in her name, receipt from a restaurant, cab fare and money he sent her through cash app. I have evidence of money he has been sending her for the past six months. I ALSO HAVE RECORDINGS OF HIM ADMITTING TO THE INFIDELITY. He does not want me to get a lawyer involved and threatens that he’ll do whatever it takes to make sure that I don’t get any money including putting the business under a relative name and depleting the bank account. We don’t have any children; I work a minimum wage job and amassed a small savings. I would like to pursue a divorce Will I be able to get alimony? Do I have a case for marital waste?
A: If he’s threatening to remove funds from a joint account, you have the right to preserve those funds by moving your 1/2 into an account of your own prior to the divorce filing. That said, how much you’d be able to claim for maintenance would depend on his income versus yours: http://ww2.nycourts.gov/sites/default/files/document/files/2018-05/Calculator.pdf. Schedule a consult with a Bronx Divorce attorney for a full assessment.