Middle Village, NY asked in Divorce and Family Law for New York

Q: What is better in the long run in order to get the most of the marital assets?

My husband and I have been married since 2015 yet have been together since 2012. I relocated, left my family, friends, job and job prospects to move to NY to be with him. He works with the city, has a 457 savings account, pension and 401k. I have my insurance through his employer and we have a joint savings.

Out of nowhere he informed me he was exposed to people in other types of relationships and would like an open marriage. He doesn't want to see a marriage counselor or therapist because he feels that these feelings which he had for over a year have festered for too long. We still are able to get along and I will be moving by then end of this month.

Basically, I uprooted my life for him and am forced to move to a different state having to rely on my family for support. I will not have any income until I am able to find a job. He is being "understanding" while I can't help to be bitter. I want to know how I can get the most the marital assets.

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2 Lawyer Answers

Christine Moccia

  • Rye Brook, NY
  • Licensed in New York

A: The retirement accounts will only be divided from 2015 (date of marriage) until the date an action is commenced for divorce. You will probably not get any spousal support.

David P. Badanes

  • Northport, NY
  • Licensed in New York

A: In general terms, you are entitled to 50% of all marital assets. It also seems that you are entitled to alimony (now called spousal maintenance). If you have any children, you may also be entitled to child support.

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