Legal Question in Family Law in New York

divorce

If you have been separated from your spouse for 3 years & he does not support you financially...during a divorce is the spouse entitle to any funds that was awarded during a civilsuit? Will I have to give half in a divorce settlement? Even if it had nothing to with the other spouse?


Asked on 9/30/03, 3:56 pm

3 Answers from Attorneys

Louis Venezia Law Offices of Louis Venezia at Union Square, P.C.

Re: divorce

The answer to your question depends on a number of elements. Was the spouse named in the civil lawsuit based upon injuries to you? If she was, she would be entitled to a small portion (certainly not 50 percent). If the lawsuit did not have anything to do with injuries, the answer may be different. You should have your documents reviewed. If you would like a brief free consultation, our contact information will be found below and on our web site.

Read more
Answered on 9/30/03, 4:01 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: divorce

Congratulations on resolving a lawsuit successfully. This is a great problem: how shall my large amount of money be divided?

The law is very clear in this situation, but you havn't told me enough to know which laws to apply. But I will do my best to give you an answer.

First, did you include the lawsuit in the financial data you exchanged with your ex? Do the documents mention the lawsuit? If they do, and do not give him any claim on this asset then you are in good shape.

If not, then we need to consider what kind of lawsuit it was. Personal injuries or fighting over an inheritance suggests all of the money is yours. Employment law or something similar and he has a chance to make a claim.

If the lawsuit was filed before the marriage, he has no claim at all.

You are welcome to tell me more and get a more specific answer.

Andrew

Read more
Answered on 9/30/03, 4:36 pm
Seth Kaufman Seth M. Kaufman

Re: divorce

It depends on the nature of the civil suit and when it was filed.

Read more
Answered on 9/30/03, 10:01 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York