Author Archives: Bridget Tartaglia
Gray Divorce: Special Concerns Faced When Older People Split Up
Divorces among people in their 50s or older is a growing trend in the United States. Unlike marriage dissolutions involving younger spouses, “gray divorce” is less about parenting issues and more about long-term financial stability. There are multiple reasons for the surge in gray divorce, but they center mostly on people reassessing the value of… Read More »
How Spousal Maintenance Is Determined Under NY Guidelines
Spousal maintenance, commonly referred to as “alimony,” is court-ordered financial support paid by one spouse to the other after a divorce. It can be a volatile issue between the divorcing spouses. The spouse requesting maintenance likely feels that they deserve payment to account for their sacrifices during the marriage and to ensure their financial stability… Read More »
How Is the Best Interests Standard Applied in NY Child Custody Cases?
In New York, if divorcing parents cannot reach an amicable arrangement regarding child custody, then a judge makes decisions based on what is deemed to be in the children’s best interests. Other states’ statutes have set criteria for determining best interests in custody determinations. New York’s custody law is less explicit. However, case law developed… Read More »
What Can Turn Separate Property Into Marital Property in a Divorce?
In a New York divorce, marital property is subject to division through the process known as equitable distribution. Separate property generally remains with the spouse who owns it. However, the classification of an asset as separate is not always permanent. Over the course of a marriage, actions taken by one or both spouses can convert… Read More »
How Might Working From Home Affect Child Custody and Visitation?
As remote work becomes increasingly common in the United States, parents may wonder how working from home might affect their child custody and visitation cases. At first glance, working from home seems to offer a clear advantage that could strengthen the position of a parent who wants a greater share of parenting time. A parent… Read More »
What Happens When One Parent Wants to Relocate After a Divorce?
Relocations are not unusual among divorced parents. People can be prompted to move for such reasons as remote work opportunities, changes in cost of living, new romantic relationships and desires to be closer to extended family or support networks. Yet, a relocation with child in tow can have a profound effect on the other parent’s… Read More »
Paternity: When It Matters and How It’s Proved
Paternity refers to the legal recognition that a man is a child’s father. Establishing legal paternity critically impacts children, parents and entire families, shaping everything from financial support to emotional bonds. Paternity often becomes a central legal issue not only in cases of unwed parents but also where family disputes, inheritance or government benefits are… Read More »
Postnuptial Agreements: What They Can and Cannot Do
A postnuptial agreement is a written contract between spouses made after a marriage begins. Like a prenuptial agreement, which is created before marriage, a postnup allows couples to address or change arrangements concerning their finances and property during and after the marital relationship. Postnups are recognized under New York law, provided they meet certain legal… Read More »
What to Consider Before Keeping the Marital Home in a Divorce
When couples divorce in New York, their home is usually among the assets that must be divided between them. However, either spouse or both may wish to keep the home. This may be driven not only by economic concerns but also by emotional attachment. Whatever the reasons, deciding to keep the home requires consideration of… Read More »
How Equitable Distribution Works in High-Asset Divorces
In New York, the rule of equitable distribution governs how assets are divided when a marriage ends, meaning property is distributed fairly but not necessarily equally. New York courts consider many factors to achieve a just result, such as the length of the marriage, each spouse’s income and assets at the time of marriage, contributions… Read More »