Category Archives: Spousal Maintenance

Alimony Reform- Are The Times A’Changing?

Nationwide, there has been a movement for alimony reform. States have considered have considered a litany of solutions to fix the arbitrariness of alimony or maintenance as is it is better known in New York. Maintenance can vary in both duration and the amount of the payments. Last year, the New York legislature considered proposals…
Read more

New York Maintenance Laws To Change: How Will Post Divorce Maintenance Be Determined?

The laws governing spousal maintenance in New York may be soon be changing.    The Law Revision Commission issued a recommendation that New York adopt a formula to determine not only temporary maintenance, but post divorce maintenance as well. Presently, New York courts only use a formula to award temporary maintenance.    Post divorce maintenance is generally based…
Read more

A Change of Economic Circumstances: When a Party Hits the Lottery

After a divorce is filed it is not uncommon for one of the parties to claim that they are no longer self supporting and have suddenly become indigent.  It is a much rarer issue when one of the parties suddenly becomes rich.   Two recent cases illustrate what happens when one party wins the lottery. …
Read more

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…
Read more

New York’s No Fault Divorce and Temporary Maintenance Rules Revisited

Though divorce filings are up on Long Island since the New York’s no-fault divorce law took effect 17 months ago, the law is having its intended effect; couples are concentrating on the financial and child custody issues rather airing their dirty laundry in grounds trials. According to Newsday, the number of new divorce cases in…
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

WE ARE OPEN FOR BUSINESS DURING THE CORONA VIRUS PANDEMIC
We are available and prepared to address all your divorce and family questions during the coronavirus crisis. Contact us to schedule a video or telephone consultation to discuss your questions about divorce, separation, child custody or even pre-nuptial agreements In addition to providing traditional divorce and family law representation, during this crisis period, we will be focused on delivering rapid-response legal and mediation services to clients facing emergency financial and child-related issues.
X
Contact Us Now!
(212) 683-9551