When a couple gets married in New York, they are legally entering into an “economic partnership.” Thus, absent a clear indication to the contrary, courts assume that the couple agrees on certain default rules regarding the couple’s assets. However, not all relationships are formed on the same set of expectations…
There are many different ways to handle the complexities of a New York divorce. Often, as a divorce attorney that also offers mediation and collaborative law, I receive calls from clients who aren’t sure what kind of process they want to use for their marital issues. In some situations, clients…
It’s impossible for anyone to predict the future with complete accuracy, as the world we live in is often a very unpredictable place. However, we can look back at the lessons that we’ve learned over the years and use what we know in the present to guide predictions about the…
One important thing that we know about divorce mediation in December 2018 is that we can work through the settlement issues with the knowledge of the current laws that are in effect. This includes the effect of the taxability or non-taxability of maintenance (alimony) and child support for separation and…
There are several options when it comes to determining what happens with the marital home in a New York divorce. Of course, the court may award the home to either party and require the party receiving the home to buy out the other spouse. A court may also order the…
One of the most significant decisions in a New York divorce is what happens with the couple’s marital home. In most cases, a couple’s most valuable asset is their home. Aside from the financial value, there are often other considerations such as the emotional value a house has to one…
There are many complex cases to consider in the world of family law. Some of the most often-discussed cases include those to do with divorce, child support, child custody and parenting time cases. However, there are also instances in which a parent may be accused of neglecting or abusing a…
When a court sets out to divide a couple’s assets in a New York divorce case, the court will not simply split the assets down the middle, but instead it will employ a system called “equitable distribution.” Under an equitable distribution analysis, a court considers several factors when determining the…
As we have previously discussed in past blog posts, a New York family court can order payment from one spouse to another of maintenance during the pendency of the divorce as well as after the divorce is final. Payments made during the pendency of the divorce are called temporary maintenance,…
One of the most critical and often overlooked issues in a New York divorce is how the parties will obtain health insurance. Many families, especially those with only one working partner, rely on health insurance benefits that are obtained through the working party’s employer. However, in the event a couple…