Durational (a/k/a rehabilitative) maintenance can be awarded to enable the lesser-monied spouse to get back on his or her feet and become self-sufficient following a divorce. Most commonly, durational maintenance is usually provided to spouses that have been out of work for a while or spouses who are caring full-time for young children and need time and resources to become …
That Pesky Student Loan Debt and Divorce
In case you missed it, I was quoted in this Wall Street Journal article talking about premarital student loan debt and divorce (and admitting my law school debt load). In a marriage, everything fits into one of three buckets: separate property for each spouse and marital property. Debt also fits into one of these buckets. In New York, property and …
Divorce: I’m Living in a Pre-Marital Home- Now What?
All property in a divorce fits into one of three buckets: (1) Husband’s separate property, (2) Wife’s separate property, and (3) Marital Property. Property will be divided by equitable distribution (which does not necessarily mean equal). Marital property is broadly construed in order to give effect to the ‘economic partnership’ concept of the marriage relationship recognized in the statute. Separate …
Looking to Start or Build a Family/Divorce Mediation Practice?
I have loved my family and divorce mediation part of my practice over the last few years. In particular, I strongly believe in the divorce mediation process. I recently met Justine Borer, a well-established family and divorce mediator in New York City, and she recommended her seminar titled “Practical Tips for Family and Divorce Mediators.” Although focused on the …
Divorce: Cohabitation Before Marriage – Does that Make a Separate Asset Marital?
Under New York law, a separate property asset does not become marital property just because the parties were a couple at the time the property was purchased. Revisiting the case of a house which was purchased by one party before the marriage, which is separate property, an unfortunate realization for many people is that living together in a house one person …
Three Ways Working Overtime Can Affect Child Support in New York
Parents’ total income is used when calculating child support under the Child Support Standards Act (“CSSA”). To arrive at the total income amount, the most recent year’s Federal tax return is usually used. This includes overtime pay. Overtime pay can be tricky as a source of income because it can be very inconsistent. When the court calculates child support based …
Some Other Professionals That You Might Consider For Your Divorce
Besides a qualified matrimonial attorney and/or mediator (like yours truly), here are a few other types of professionals that you might want to consider hiring to help you through your divorce process: 1. Divorce Coaches – “Coaching” seems to be very hot right now. There seems to be a coach for everything these days – health coach, business coach, life …
A Few of the Many Reasons Why I Support Divorce Mediation
I’m a divorce lawyer and mediator. As a lawyer, I handle both contested and uncontested divorce. A “contested” divorce just means that 1 or both parties seek court intervention. An “uncontested” divorce means that the parties were able to reach a settlement agreement without seeking court intervention. In either context, couples can decide to use a mediator. Here are a …
Personal Finance – Smart Women Finish Rich
Hope you are having a lovely holiday season. I’m home visiting family in Illinois right now at the Rincker Ranch. This blog is long overdue. I enjoyed reading this book last summer beachside in Coney Island. A friend of mine, Jeanne Berger, one of the top financial advisors at Chase Bank, suggested “Smart Women Finish Rich” by David Bach to …
How Organization Can Help You Save Money in Your Divorce
I help people through the emotional, life-changing experience of a divorce. A new chapter awaits on the other side. But first, the parties have to get through the divorce process. There is a lot of financial transparency in a divorce. The parties each have the legal right to financial disclosures from the other party. If the parties choose to go …
Overview of “Sealed” Divorce Papers in New York
New York has stronger privacy laws with divorces when compared to other states. Under New York Domestic Relations Law (“DRL”) § 235, pleadings to a matrimonial action are sealed for 100 years (in other words, for your lifetime). Only the parties themselves or the attorneys’ of record may obtain the court files. However, the court may order for the divorce …
Mediating the Divorce Involving Livestock and Pets
I recently co-authored an article on divorce mediation with companion and farm animals along with Debra Vey Voda-Hamilton that was published in the New York State Council on Divorce Mediation‘s quarterly publication. You can find the history of The Report online here. I posted the article on my JD Supra page. I am a trained divorce mediator and am …