Discovering that your husband, who is wealthy and well-established, has been unfaithful can be devastating, especially when there’s no prenuptial agreement in place. As emotions run high, it’s essential to take a step back and focus on your financial future—for yourself and your child. Consulting an expert NY high asset divorce attorney is your best interest. Many spouses believe they are at a disadvantage without a prenup, but the truth is, the law can still work in your favor. Let’s walk you through the steps to secure spousal support, claim your rightful share of the marital assets, and protect your child’s financial well-being.
Understanding the Absence of a Prenup
A prenuptial agreement (prenup) is a legal document that outlines how property and finances will be divided if a marriage ends. Without a prenup, state laws generally dictate how marital assets and debts are split during divorce. Depending on where you live, assets are divided according to either “equitable distribution” or “community property” principles. This means that, despite not having a prenup, you are still entitled to a fair share of the marital assets and can claim spousal support.
In community property states (like California, Texas, and Nevada), all marital assets acquired during the marriage are split 50/50. In equitable distribution states, courts divide assets based on what’s considered “fair,” which doesn’t always mean an equal split but considers factors like your financial needs, contributions to the marriage, and your husband’s misconduct.
The Importance of Proving Marital Assets
Before you can claim your share, it’s critical to establish what qualifies as marital property. Marital assets typically include:
- Real estate acquired during the marriage
- Joint bank accounts, investments, and retirement funds
- Businesses started or grown during the marriage
- Luxury items, vehicles, and other valuables purchased while married
Separate property, however, includes assets owned before the marriage or gifts and inheritances received individually. However, it may become marital property if your husband has commingled separate property with marital assets—such as depositing inherited money into a joint account.
You should gather financial documents, including bank statements, property deeds, tax returns, and business records. This evidence will help identify and include all assets in the division process. If your husband has been hiding assets, working with a forensic accountant may help uncover them.
Your Rights to Spousal Support (Alimony)
Spousal support, or alimony, is a court-ordered payment made by one spouse to the other to provide financial assistance post-divorce. Its purpose is to help you maintain a lifestyle similar to what you had during the marriage. Since you’ve been married to a wealthy spouse, you may have become accustomed to a certain standard of living—and courts consider this when awarding spousal support.
Factors that determine spousal support include:
- Length of the marriage: Longer marriages often result in higher or longer-term alimony.
- Income disparity: The court will assess the financial gap between you and your husband.
- Contributions to the marriage: If you sacrificed your career to support him or raise your child, this will strengthen your claim.
- Your needs and his ability to pay: Courts evaluate your expenses and his income.
It’s important to consult a qualified NY high asset divorce attorney who can advocate for a fair spousal support arrangement. You may be entitled to temporary support while the divorce proceedings are ongoing and permanent alimony post-divorce.
Claiming Your Share of the Properties
If your husband owns significant properties—including homes, investments, and businesses—these will likely be subject to division. While emotional ties to certain properties can complicate things, it’s important to approach this pragmatically.
To claim your fair share:
- Document the Assets: Create a list of all known properties and their approximate value.
- Request Valuation: Work with real estate and financial experts to assess the true worth of the assets.
- Negotiate for Your Share: A skilled lawyer can help you negotiate either a 50/50 split or an equitable share, depending on your state’s laws.
- Focus on Liquidity: If you receive property, ensure you can afford its upkeep, taxes, or mortgage. Alternatively, negotiate for liquid assets like cash or stocks.
Courts often ensure that marital property is divided in a way that provides financial fairness, especially when one spouse’s wealth significantly outweighs the other’s.
Protecting Your Child’s Financial Future
Your child’s well-being and financial support are top priorities in any divorce. Courts typically require the non-custodial parent (in this case, likely your husband) to pay child support. The amount is calculated based on factors such as:
- Your husband’s income and assets
- The child’s needs, including education, healthcare, and extracurricular activities
- The custodial parent’s financial circumstances
Additionally, you may want to seek a share of his assets to set up a trust or college fund for your child’s future. If your husband has been unfaithful and you have evidence (such as messages or financial records showing lavish spending on the affair), this can strengthen your claim for additional support.
Conclusion
While discovering infidelity can be one of the most painful experiences of your life, it’s also an opportunity to secure a brighter financial future for yourself and your child. Even without a prenup, the law protects spouses who have contributed to the marriage and ensures a fair division of assets. You can claim the spousal support and property share you deserve by gathering evidence, working with financial experts, and seeking strong legal representation. Remember, this is about justice and building a stable and secure life after divorce.
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