Re: In divorce does 50/50 always apply?
This thread is full of inane responses. The only good responses I saw said to go talk to a divorce lawyer, which is an absolute must.
Most states have no-fault divorce. Hiring a PI or swearing what a terrible person she is will mean nothing. The general rule for dividing assets is equitable distribution, which does not necessarily mean 50/50. What is does mean is "fairly" according to any number of statutory factors. The likely result being, and you are not going to like this, is that your Mom may actually get more than 50% if that is what it takes to keep her in the lifestyle they had established as a couple.
All of the marital assets will be divided, which means everything they jointly earned during the marriage, including retirement accounts and pensions. The date that stops is the date of separation, not the date the divorce is final, so there may be some incentive to move out of the house.
Also, all of this could be moot. Going to trial to settle a divorce sucks. Even if you hire a lawyer and go before a judge, settlement is the most likely outcome. Of course settlement can be anything both parties agree to and does not have to be 50/50. Before a trial occurs judges can act as mediators between the lawyers to help negotiate a settlement.
FWIW, I am not a lawyer. I am in law school and worked in a family law firm in Pennsylvania. That means don't rely on things I or anyone here says, go talk to a NY divorce attorney. A few hundred bucks could save a lot down the road.
The second best option is selling everything and moving back to Greece, that would be cool, and illegal. Hiding assets is also illegal, btw.
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