When a couple weds, few contemplate that their marriage will end in divorce. The hope is that their marriage will be forever; the reality is, however, that some will end, often bitterly, in divorce. Much of the acrimony of divorce could have prevented if the parties simply had a pre-nuptial agreement. So why do couples,…
Read more
10 Tax Tips for Divorce
Though we just turned the calendar page to February, April 15, the income tax filing deadline will soon be upon us. John Eory in the New Jersey Law Blog offers a number of pointers about divorce and taxes, which I will take the liberty of quoting extensively: Alimony paid in accordance with a properly drafted…
Read more
New York’s No Fault Divorce: Trial Required To Prove Marriage is Irretrievably Broken
When no-fault divorce came to New York, it was supposed to end the need for grounds trials. Fault trials are universally viewed as time consuming and needlessly expensive; no fault divorce was supposed to be the panacea. When enacted, it was assumed that the allegation that “the marriage had irretrievably broken down with no prospect…
Read more
Judge Deviates from Temporary Maintenance Formula
One of the major criticisms of the new temporary maintenance law enacted last year was that it would lead to severe results, disproportionately re-distributing income. The new law provides for a formula to calculate the presumptive temporary maintenance award. The law also provides a number of factors to be considered when the presumptive award would…
Read more