Owning a business can impact every area of a person’s life. The impact is uniquely felt within a marriage. Married business owners must consider the ways in which their marriage may impact their business and vice versa. Failure to think about how these two significant institutions interact can have unforeseen consequences—everything from addressing time management to distribution of liability may …
Trusts and Estates: Which life events that require an immediate estate plan update?
Estate planning is the process of developing a strategy for the care and management of your estate if you become incapacitated or upon your death. One commonly known purpose of estate planning is to minimize taxes and costs, including taxes imposed on gifts, estates, generation skipping transfer and probate court costs. However, your plan must also name someone who will …
Cari’s 6 Tips for Married Folks
I was recently interviewed regarding my “tips for married couples”. I’m a single gal and have never been married myself; however, I feel like I’ve learned a lot about married from my chair as being a matrimonial lawyer. For what’s it’s worth, here are my $0.02. (p.s. – Happy Pi Day!) 1. Talk About Finances. When people are going through …
Wedding Bells this Summer? Is a Prenup Right for You?
It’s that time of year again when I get phone calls about prenuptial agreements for summer weddings. Remember, in New York, prenuptial agreements will be enforced so long as the terms are reasonable, both sides are represented by separate lawyers, and there is not duress. To prevent duress, neither party should feel pressure to sign the prenuptial agreement because of …
Estate Planning Isn’t Just For the Elderly
Let’s face it. Estate planning is easy to push off. What’s another week… another month… another year… another five years… After all, I’m healthy. My spouse is healthy. We don’t have kids. We don’t have a lot of assets. I don’t care if what-little-I-do-have follows the rules of intestacy (i.e., the “default rules” if you die without a Last Will …
How to Legally Change Your Name in New York
It’s a new day….and time for a new last name. There are various reasons people want to change their names. This post will primarily focus on the process for changing your name incident to a divorce. Most Judgments of Divorce grant the ex-wife permission to resume using her maiden name (or surname). If this is the case, there is no …
How to Calculate Temporary Spousal Maintenance in New York
Temporary spousal maintenance is money paid from the higher-earning spouse to the lesser-earning spouse. It is typically applied during the pendency of the divorce but it can also be used as a guideline when a couple is married for relief in Family Court. I have received a lot of phone calls lately from folks whose spouse decides to cut them …
So What If I Don’t Agree If My Marriage Is “Irretrievably Broken?”
As I noted in this post, New York now has “no fault” divorce permitting the court to award a divorce based on one spouse’s sworn statement that the marriage has been “irretrievably broken” for at least the prior six (6) months prior to the commencement of the divorce. So what exactly does it mean for a marriage to be “irretrievably …
So What’s Your Number? The ABC’s of FICO’s
I receive a lot of questions from clients regarding credit scores. I think a primer on FICO’s would be appropriate. There are three credit reporting agencies (“CRAs”): Equifax, Experian, and TransUnion. I recommend reviewing your credit report annually from each of the three CRAs from www.annualcreditreport.com (as opposed to freecreditreport.com which actually charges you to obtain your credit report instantaneously). …
Already Married? What You Need To Know About Post-Nuptial Agreements
In some states, such a New York, couples are allowed to enter into an agreement after a marriage or civil union called a post-nuptial agreement discussing things such as, but not restricted to, the division of property (real property, personal property such as livestock, cash assets), child support, spousal maintenance, and a restriction on relocation (e.g., spouse cannot relocate out …
The New “No Fault” Divorce Law in New York
I want to preface this blog by saying that I’m a huge fan of marriage, family, Prince Charming, and (most) romantic gushy stuff (and if you want to send me flowers I prefer daisies or violet roses!). I believe that love is sometimes a choice and couples should do everything they possibly can to stay together- in the good times …
Perhaps Prenups Can Be Romantic Afterall. . .
I have wanted to write this blog for quite sometime now. I know marriage and divorce is a sensitive subject for a lot of people. I want to preface this blog by stating that I am an unmarried women so my only first-hand knowledge of marriage is by watching my parents, grandparents, aunts & uncles, and friends that are in …