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HomeCategorySeparation Agreements Archives - Daniel Clement

Credit Card Companies Won’t Care About How You and Your Spouse Allocate Responsibility for Debts in a New York Divorce

What’s in your wallet? Is it a bunch of credit cards carrying large balances? Can the same be said for your spouse? If so, allocating responsibility for paying down those balances will be a challenging issue in your New York divorce. The principle of equitable division in New York divorces applies not only to marital...

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...

Pamela Paul, in her New York Times article, The Un-Divorced, discusses the trend of couples separating, but not divorcing.   The primary reasons that parties remain married, but separated are the practical and financial, not familial. The effect of endless separations on the children rarely seems a priority. Perhaps the principle reason couples remain legally wed...

Just because an agreement between spouses splits assets in an unequal or one-sided basis does not render the agreement unconscionable. It has long to the policy of courts to hold parties to the terms of their agreements. An agreement between spouses, which is fair on its face, will be enforced even if one party received...

Postings in two divorce and family law blogs highlight a growing conflict between the states on how to deal with a parties continuing obligation to pay alimony or maintenance, as it called in New York, if the former spouse enters into a domestic partnership. To frame the issue, what happens if you are obligated to...

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