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Question #221

I live in upstate New York. We have been married 8 yrs, we have a prenuptial I think is invalid. I had no attorney and was presented the papers 10 days before our marriage and never even saw any attorney. There has been documented domestic violence. My husband bought the land with an old house on it before we married. We knocked down the old house after we were married and built a new house which we have not mortgage for. I have paid all the househould maintenance bills and contributed to the raw material of the new house. I have recently been put out of work on social securtihy disability to never go back to work, he made 138,000 last years, but says I am entitled to nothing. We have no children together. Please advise.

There are two basic issues here.

1. The division of marital assets and whether the house is considered a marital asset.

2. Whether you are entitled to spousal support.

In order to properly answer these questions I would have to examine the prenuptial agreement that you signed , and to find out more details about the circumstances around which you were asked to sign this prenuptial agreement. It is also important to ascertain how title to the property is held and whether you can document the actual contributions you made to the house and the mortgage.

With regard to the second question of spousal support, if there is a major discrepancy between your income and his, and the standard of living that you have maintained as a family cannot be supported on your income, you will most likely be granted some spousal support for a period of time.

If you are living in the New York City metropolitan area , I strongly suggest that you call me at 212-370-1660 to discuss the matter at greater length.

Leonard M. Weiner, Esq./Divorce Solutions