Monthly Archives: June 2012

What Happens to a Rental Apartment in a Divorce in New York?

For many New Yorkers, one of the issues they first consider when contemplating a divorce is what will happen to my rental apartment when we divorce? The issue is particularly acute when the apartment is a rare New York City rent controlled or rent stabilized apartment. That very issue recently confronted one New York couple…
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A New York Federal Court Declares DOMA Unconstitutional

The Defense of Marriage Act (“DOMA”) unconstitutionally discriminates against married same sex couples ruled a New York Federal Court. Edith Windsor sued the federal government because it failed to recognize her Canadian marriage to Thea Speyer. Speyer died, leaving her estate to Windsor. Normally, inherited property would pass between spouses without the imposition of estate…
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What Happens to Child Support or Maintenance Payments If My Ex Dies?

You have been granted either spousal maintenance or child support, what happens if your ex dies? Maintenance or spousal support terminates when the paying spouse dies.   Ordinarily, unless arrears are owed, the recipient of the payment has no claim against the payer’s estate.   It is for this reason, that I strongly encourage all periodic payments…
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