Category Archives: Divorce
Imprisoned Rapist Loses Bid to Receive Alimony from His Ex-Wife
A strange alimony case in Brooklyn has come to an end, with a judge refusing to grant spousal support to a prisoner who had repeatedly abused his former wife. The man, identified only as “Terrance T.,” was arrested multiple times for attacking his wife, although she testified that she has been physically and sexually assaulted… Read More »
New Ruling Could Change Divorce for Business Owners
A recent ruling by New York’s Appellate Division, Second Department Court could affect divorce cases involving a spouse with a business. The ruling in Palydowycz v. Palydowycz overturns precedent, now allowing a court to “double-dip” and take the same asset into account twice — once when determining how the couple’s assets should be divided, and… Read More »
Can I Keep My Small Business During a Divorce?
Even for families in relatively simple financial situations, divorce brings up questions about money. When one spouse owns a business or part of a business, financial considerations often become even more complicated. Under the laws of the state of New York, courts divide marital property using a method known as equitable distribution. This means that… Read More »
Why Should You Consider a Prenuptial or Postnuptial Agreement?
Most people enter into marriage wearing rose-colored glasses. Everyone knows that divorce is a possibility, but no one thinks it is going to happen to them. That belief, along with a variety of misunderstandings about prenuptial agreements, leads to many divorces being much more complicated than they need to be. The truth is, divorce happens… Read More »
Divorce Among Seniors Presents Unique Challenges
Divorce is a possibility in any marriage, but in the past, it was fairly rare for elderly couples to divorce. These days, however, more and more retirees are divorcing after having spent much of their life together. While there are serious emotional, financial and logistical concerns to deal with in any divorce, these issues can… Read More »
How Is Annulment Different From Divorce in New York?
Divorce has become commonplace, so it’s usually well understood. A couple, or at least one person in a marriage, decides that the marriage is not working and then files paperwork to end it. But an annulment is less common, and many people are unaware of how it differs from divorce. While a divorce ends an… Read More »
Debt Questions During Divorce
If you are anticipating divorce, you are no doubt apprehensive about the division of your marital estate. After all, your future financial security depends greatly on the equitable distribution of your property. However, if you are like many of our clients who were hurt by the housing crisis or the stock market collapse circa 2008,… Read More »
NJ Woman Sued for Penning Insults on Alimony Checks
A New Jersey woman who wrote disparaging remarks on the memo line of the alimony checks she sent to her ex-husband is being sued for intentional infliction of emotional distress. The Daily Record reports that Diane Wagner, 57, wrote the terms “loser,” “bum,” and “adult child support,” as well as an acronym for a hostile… Read More »
New York Family Law Reform Says Professional Degrees Are Not an Asset Subject to Equitable Distribution
In a 1985 divorce case, O’Brien v. O’Brien, New York broke new legal ground when the state’s highest court decided that a professional degree or license earned during a marriage was a marital asset subject to equitable distribution. However, in the three decades since, few jurisdictions chose to follow New York’s lead, and the decision… Read More »
Mistakes Commonly Made During the Divorce Settlement Process
As you’re going through a divorce, it’s understandable to want to get the whole process over with as soon as possible. However, you need to make sure you are looking out for your own best interests. The following are a few of the mistakes most commonly made during divorce settlement negotiations: Not even considering mediation…. Read More »