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,…
Long Island Family Law and Mediation Blog
Who Pays for Health Insurance Following a New York Divorce?
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…
Are Children Required to Comply with New York Visitation Orders?
Going through a New York divorce or couple split is often very difficult for all of the parties involved, including any children of the divorcing couple. Children are often unwitting parties to the entire process, yet their lives can change significantly as a result. It is not uncommon for children…
Determining Which Parent Gets to Claim a Child as a Dependent Following a New York Divorce
As we approach the end of the calendar year, taxes are on everyone’s mind. Perhaps people are thinking more about taxes than usual because of the passage of the new tax law by Congress at the end of 2017. To many who have been through a New York divorce…
How Do I Divorce a Narcissist?
Divorce is a complicated process at the best of times, but when you’ve got a narcissistic personality to deal with throughout the entire experience, it can feel like you’re two steps away from tearing your hair out. These people make it feel as though you’ll never be able to move…
Contract Interpretation of Vague Terms of a Stipulation of Settlement in a New York Divorce
It is no secret that going through a New York divorce can be a difficult and trying time. However, it does not necessarily have to be. In some cases, in which a couple agrees that it is time to go their separate ways and can also agree to work together…
When Can a Parent in New York Legally Monitor a Child’s Text Messages?
Parents have an obligation to keep their children safe and to make sure that a child’s naiveté does not put them in harm’s way. At the same time, most parents want to encourage some level of independence to help develop a child’s decision-making skills. In today’s society, with the prevalence…
Is Business Income Factored into a New York Court’s Post-Divorce Maintenance Award?
When it comes to dividing up assets after a New York divorce, New York is an equitable distribution state. This means that, rather than dividing up a couple’s assets straight down the middle, if a court needs to resolve the issue, a court will consider a number of factors to…
When Is It Appropriate for a Judge to Order Spousal Maintenance for Longer than Suggested by the Guidelines?
As we have discussed in previous posts, when a New York court is tasked with determining the amount and duration of spousal maintenance payments following a New York divorce, the court will start with the formula contained in Domestic Relations Law section 236(b). For determining the duration of spousal maintenance…
Can a New York Judge Order Spousal Support for Less Time than the Guidelines Call For?
When a judge presides over a New York divorce, one of the parties will often request to receive post-divorce maintenance payments, formerly called alimony, from the other party. Up until 2015, the determination of the amount and duration of post-divorce maintenance was largely left up to the discretion of the…