NY - Equitable Distribution

[drottemberg]

New York State

I am in litigation since Jan 2013. It's a 3 year marriage with one 2yo child. My wife took all the marital property and is spending it all on litigation. Is there any laws or jurisprudence that allow me to get a credit back on that money? It shouldn't be fair that she could spend it all and there is nothing left to share.

 

[Ohiogal]

New York State

I am in litigation since Jan 2013. It's a 3 year marriage with one 2yo child. My wife took all the marital property and is spending it all on litigation. Is there any laws or jurisprudence that allow me to get a credit back on that money? It shouldn't be fair that she could spend it all and there is nothing left to share.

How did she take all the marital property and is spending it all?

 

[drottemberg]

simple, she emptied our joint account before she asked for divorce. She hid all her bags and jewels at her parents. And she had savings and retirement accounts where she put her money while we were married. I don't have any access to any of that. Now she is just spending it all for litigation.

 

[tranquility]

New York State

I am in litigation since Jan 2013. It's a 3 year marriage with one 2yo child. My wife took all the marital property and is spending it all on litigation. Is there any laws or jurisprudence that allow me to get a credit back on that money? It shouldn't be fair that she could spend it all and there is nothing left to share.

It should all be represented by the settlement agreement. Assets are as of filing and not of completing the divorce. The "less monied" spouse has a right to ask for attorney fees if there is a problem in getting fair representation. If litigation is burdensome motions can be made to recoup your attorney fees. But, these questions should be asked of your attorney.

 

[CJane]

simple, she emptied our joint account before she asked for divorce. She hid all her bags and jewels at her parents. And she had savings and retirement accounts where she put her money while we were married. I don't have any access to any of that. Now she is just spending it all for litigation.

If they are "her" jewels and bags, they are not marital property.
If they are "her" savings and retirement accounts, they are not marital property.

While you may be entitled to a portion of the "garage sale value" of the jewels and bags, you are not entitled to the property itself.

 

[TinkerBelleLuvr]

If those are retirement funds and savings during the marriage, they do come into place.

 

[LdiJ]

If those are retirement funds and savings during the marriage, they do come into place.

I agree, but it would only be the portion put into the accounts during the marriage, if those amounts came from marital funds.