Endicott, NY Divorce Law Firms & Lawyers

It depends on what marital conduct you are talking about and how solid the pre-nuptial is. I imagine you are claiming infidelity or spousal abuse. Those would normally be the only two things that would seem to cause a problem. Perhaps drug use, but then only if it affects the marriage. Regardless, the pre-nuptial would normally say that each person's property remains that person's and neither party may collect alimony. So is there a good reason to challenge the pre-nuptial? If not, just get divorced and move on with your life.

Yes you will have some interest in the home. You have surely contributed to the mortgage also if there is one. See an attorney right away to check on other equitable distribution.

In the distribution of property in a divorce, the Court will distribute things equitably.  The starting point for the evaluation of what property is to be distributed is the date of marriage and the ending date is the date that one party files for a divorce.  Everything earned, purchased or otherwise acquired in between those two dates is presumed to be marital property subject to being divided by the Court.  The Court is not required to distribute everything 50/50 and can vary from that percentage where is is "equitable" to do so. In short, the Court should be dividing the pension in some manner if it was earned during the marriage.  Every case however turns on individual facts and as such an experienced attorney should be consulted before undertaking any kind of action. - Alfred Polizzotto, III