Queens, NY asked in Divorce and International Law for New York

Q: Can I get alimony or financial retribution?

My husband has abandoned me after 19 years of marriage. He transferred all his money overseas to Cyprus, Europe. He left me with no financial support here. He won a law suit settlement recently during our marriage. He is also a stakeholder in a restaurant (unsure of the percentage). He has also acquired a few homes in Cyprus during our marriage. We have no children together and he is also due to file for his social security soon.

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2 Lawyer Answers
Howard E. Knispel
Howard E. Knispel
  • Commack, NY
  • Licensed in New York

A: You are entitled to equitable distribution. You may be entitled to spousal maintenance depending on your respective incomes. You should talk to a lawyer as soon as possible.

David Luther Woodward agrees with this answer

Derrick  Storms
Derrick Storms pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Astoria, NY
  • Licensed in New York

A: In New York, marital property is distributed through a process called equitable distribution. Many factors affect how the court will allocate marital property, such as the length of the marriage, each spouse's contribution to the marriage, etc. In some cases judges will split marital property 50/50, but not always. If you were subject to physical abuse by your husband, the court will likely give you a greater share of marital property. Also, keep in mind that not all property is marital property. Personal property is not subject to equitable distribution. Some examples of personal property are assets acquired prior to the marriage (though you may be able to obtain a share of appreciation on certain assets), personal injury awards, inheritance, gifts, and other items. Talk to an experienced divorce lawyer to get an idea of what property you are entitled to in the divorce.

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