Hello and thank you for allowing me the opportunity to assist you.
I'm so sorry to hear about your marital problems. I'll do my best to answer you as simply as possible.
New York is an equitable distribution state. This means that marital property
is distributed by the judge in a manner that he deems to be fair under the circumstances. This usually means that marital assets are divided in half (but it does not always mean that).
Marital property is any property obtained during the marriage, except for gifts and inheritances. So, your husband's pension and Social Security benefits would likely be considered marital property since I assume they were mostly obtained during the marriage. The same goes for bank accounts, real estate, cars, etc. It is important to note that it doesn't matter whether the property in question is only in one spouse's name. For example, if your husband has a bank account in his name only (i.e., your name is XXXXX XXXXX the account) and it has been funded with wages or other income that he received during the marriage, then it is marital property. The fact that the account is only in your husband's name is XXXXX XXXXX is the fact that the account has only been funded with his income.
You will probably also be entitled to spousal support (i.e., alimony
). This is because of the length of the marriage and the fact that your husband earns 3 times as much as you. The judge has the option of awarding you temporary alimony (i.e., alimony that will eventually expire), or permanent alimony. Based on what you wrote, you may be entitled to permanent alimony because of your age and the difficulty of starting a new career and fully supporting yourself.
As for which you should get ... a divorce or a legal separation, that depends on whether you and your husband want to completely cut the ties with each other. Legal separations are common when one spouse wants to continue receiving health benefits from the other spouse, so that is a consideration for you. If you divorce, then your husband's employer may not allow you to remain covered under the policy
. A legal separation would solve that problem. And yes, you can do mediation for a separation. If you would like to go this route, then I suggest that you retain a local attorney who can represent you and negotiate a separation agreement with your husband or your husband's attorney.
Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also, your positive feedback is much appreciated. Thank you for using our service!
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