Wirth v. Wirth

38 A.D.2d 611 (1971)

Facts

H and W were married for over 22 years before W obtained a divorce in 1970. For 22 years of marriage, H delivered all his earnings to W, who handled the finances. H and W pooled their earnings to support the family. W paid the bills and made the investments. In 1956, H started a 'crash' savings program telling W it was 'for our latter days.' W's earnings, supplemented by rental from an upstairs apartment and part of H's income, were used for family expenses and H's remaining salary was invested. W claimed ½ of this invested money because she spent her salary for maintaining the family. W reasoned because it was H’s duty to maintain the family, and her money was used for that purpose she was entitled to ½ of the savings because the monies were meant for both of them in their later life. The court held that the monies belong to H and that there was no agreement to share them not a legal obligation by H to reimburse W for her family expenses. W appealed.