In New York, the capacity for enhanced earnings is a marital asset based on the premise that all property acquired during the marriage is marital property. Professional licenses acquired during the marriage are marital property pursuant to DRL 236 (B)(1)(c) subject to equitable distribution because it is a valuable asset reflected in the enhanced earning capacity it affords to the …
Primer in New York Matrimonial Law
I will be giving a primer in New York matrimonial law along with (the fabulous) Veronica Escobar, Esq. next Saturday, January 24, 2015 at Fordham University, School of Law during the “Bridge the Gap” Continuing Legal Education seminar designed for newly-admitted attorneys. We will be discussing the following issues: Divorce Paths Jurisdictional differences between Family Court and Supreme Court Alternative …
The Termination of Spousal Maintenance in New York
I get a lot of questions from client regarding spousal maintenance (or alimony) and when it terminates. No matter how much maintenance is awarded or how long the duration of the maintenance is, in all cases maintenance ends upon remarriage of the recipient spouse, cohabitation of the recipient spouse with another man or woman (even if you are not legally …
When a Couple Calls it Splitzo, Who Gets Custody of the Dog?
In young couples and/or childless couples, custody of pets has been a sore subject that has come up in my practice. Pets are interesting because they are not children, but they are not exactly purely personal property either. Custody over a mini dachshund named Joey was at issue in the interesting case of Travis v. Murray, 42 Misc.3d 447 (Sup. …
Why Hire an Attorney for an Uncontested Divorce When Forms are Available Online?
Filing a New York uncontested divorce or an annulment can seem easy to do. In the case of an uncontested divorce, there are forms available on the court’s website. For annulments though, there are no forms available to the public, but it is substantially similar to filing for an uncontested divorce. That being said, there are over 15 documents that …
New York Divorce: Rehabilitative Spousal Maintenance
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 …
Book Review: “Does This Make My Assets Look Fat?”
As a woman, matrimonial lawyer, and entrepreneur, the issue of financial empowerment for females is important to me. I recently met Susan L. Hirshman, a financial adviser with Morgan Stanley and author of “Does This Make My Assets Look Fat?” As I have blogged about before, I believe financial transparency is important for a couple getting married or already …
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 …
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 …
Looking for Pro Se Assistance on Your New York Divorce?
The New York State Unified Court System as a nice instruction guide to help pro se litigants file their divorce papers. You can find the booklet here. I am also available on an hourly basis for pro se assistance. Whether you want to speak about your legal rights or want an attorney to review the final documents before submitting them …
Divorce Paths in New York: Contested vs. Uncontested Divorces
When I have a consultation with a divorce client, I always explain all of their different options. There are two different paths in New York for divorces – contested divorces and uncontested divorces. In contested divorces, court intervention is used. In either path, mediation can be used as a tool to help encourage settlement. Rincker Law, PLLC also does pro …