There are few certainties in life. However, one of life’s certainties is that all marriages will end, whether by death or divorce. At the end of marriage, whether by divorce or death, disputes over money and the disposition of marital assets may be inevitable. However, a pre-nuptial agreement can help lessen the potential for conflict...
Child SupportDivorcePost Divorce IssuesProperty DivisionSpousal MaintenanceMaintenance and Child Support Payments to First Spouse Are Not Recoverable By Second Wife in Divorce
May 11, 2009
The Court of Appeals, New York’s highest court announced in a pair of cases that marital funds which were used to pay the separate obligations of one of the parties during the marriage could not be recouped in the divorce. This is a far reaching decision because, for instance, a second wife cannot now recover...
Child CustodyMarriageProperty DivisionSame Sex Issues in the News: Marriage and Child Custody
April 20, 2009
It was been an interesting week in family law practice, which I thought I note before taking a few days off with my family . In the same week Governor Paterson announced that he was introducing legislation to recognize same sex marriage, a couple decisions involving the custody rights of same sex marriages were announced....
Property DivisionWho is Responsible for Debts?
March 25, 2009
One of the most recurring question I am asked from people considering divorce is:” Am I responsible for my spouse’s debts and liabilitie?” Most recently, i answered that very question, on Linked In. Question– I’m about to break up with my wife. While we are separated I do not want to be responsible for debts...
Human organs are not assets to be distributed in a divorce. Thus is the ruling in Batista v. Batista, the case in which a Long Island doctor sought compensation for donating a kidney to his wife, The National Law Journal reports that: At its core, the defendant’s claim inappropriately equates human organs with commodities,” Referee...
DivorceProperty DivisionRecession and Divorce: Another Look
October 30, 2008
Time Magazine questions, Will the Economy Kill Your Marriage? A couple of weeks ago, I noted that as the economy worsened, my practice became busier. Time seems to confirm my observations and even offers some possible explanations for this phenomenon: There’s the lawyer theory, that money provides the soft fatty tissue that insulates the marital...
I read an interesting article in Sunday’s Times about how the credit crunch has resulted in more people borrowing money from their friends and families in order to purchase a home. There is really nothing new about this phenomenon. Parents have long gifted or loaned their children money for a home down-payment. There...
Property DivisionAnother House Divided . . .
October 10, 2008
The other evening I had the pleasure of being on a panel to discuss the nuts and bolts of legal blogging at a continuing legal education seminar at the New York City Bar Association with three of the best bloggers out there: Kevin O’Keefe, Scott Greenfield, and Eric Turkowitz. As Kevin noted in his blog, Real...
Property DivisionTips to Prevent Assets From Being Hidden
September 18, 2008
In this time of economic turmoil, I anticipate the divorce rate will increase. When money is available to fund a comfortable lifestyle, spouses are more forgiving of minor transgressions. But, when there is less cash available, it is more difficult of overlook a spouse’s foibles and failings. So, as the marriages begin to unravel, the inclination...
Equitably distributing pensions and retirement plans have become more expensive. According to the Divorce Law Journal, Fidelity and Charles Shwab are now imposing fees to process Qualified Domestic Relations Orders (“QDRO”). A QDRO is a court order that recognizes the right of the ex – spouse to receive all or part of a pension plan...
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