Divorce after FIFTY, yes, FIFTY (50) years

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Registered: 01-22-2012
Divorce after FIFTY, yes, FIFTY (50) years
Fri, 02-21-2014 - 9:37pm

Hi all,

I'm writing on behalf of my mom.  My a$$hole father has decided, at 72 years old with metastatic colon cance and after many years of faithful love and caring from my mother that he wants a divorce, a better life, wants to get remarried to his homewrecking HS GF he saw at his reunion last summer.

Leaving out a WHOLE lot...I'm going with my mom to see an attorney Monday but I have heard so many conflicting things I was wondering if anyone had any advice/experience in this area.  I know laws vary state-to-state, we live in NEW YORK.

1) Is my mom entitled to alimony?  (She was a homemaker, as well as did the bookkeeping for his business for over 40 years.)  She only gets about $650 a month in social security, she is 69, by the way.)

2) He's threatening to sell her car (in his name...but marital property, yes, as it was acquired during the marriage?) if she "refuses" to divorce him or makes him pay her attorney fees (HE'S the one who wants the divorce!)

3) My parents have an IRREVOCABLE trust with ALL their assets in it:  house (paid off); property upstate (paid off), etc.  My sister and I are the trustees.  How would that play out in a divorce, in NY?

4) Before anyone asks, he flat out refuses to leave as the house is "half his", and she will have to buy him out.  Frankly, I can't see either one of them being able to buy the other out.  Oh, at the same time, he has been threatening to leave since last summer yet he still here.

5) He wants to take her name off joint credit cards so she can't run up biills (which she has never done nor would do)...who's to say HE won't run up bills on joint cards?

Any input would be most appreciated!  Thanks!

~K