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 »
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 Must a Custodial Parent Show to Get Permission to Relocate?
Under New York law, both custodial and noncustodial parents have protectable parental rights. Public policy favors having children spend quality time with both parents when feasible and beneficial. Normally, the noncustodial parent is awarded meaningful visitation time in order to preserve his or her bond with the child. However, the arrangement might be strained or… Read More »
How to Deal With Your Spouse’s Stonewalling in a Divorce
Stonewalling is negative behavior by a spouse that can manifest as silent treatment, non-responsiveness or outright refusal to engage in meaningful conversation. In a divorce, it may appear as a tactic to gain control or as an emotional response to the stress of the situation. Regardless of the intent, stonewalling prolongs divorce proceedings and increases… Read More »
Using Mandatory Presumptive Mediation in a New York Divorce
Mandatory presumptive mediation is used in New York divorce cases to encourage amicable resolutions outside the courtroom. This process, implemented in 2019 as part of the state’s efforts to streamline the judicial process, requires parties in certain types of civil cases to participate in mediation before their case can proceed to trial. The goals are… Read More »
What Actions by an Ex-spouse Can Cause Termination of Maintenance?
In New York, the obligation of an ex-spouse to pay maintenance (informally known as alimony) may be terminated when the recipient cohabits with a new romantic partner but only under very limited circumstances. There must be evidence that the recipient’s new relationship resembles a marital union where a party holds themselves out as husband and… Read More »
Why a High-Net-Worth Divorce Needs Special Handling
A high-net-worth divorce is generally defined as one in which the spouses have liquid assets valued in excess of a million dollars. These assets often consist of real estate, investments, businesses, luxury items and financial portfolios. High-net-worth individuals include entrepreneurs, corporate executives and individuals with inherited wealth. Their divorces typically involve more intricate financial analysis… Read More »
Who Has the Final Say in Joint Legal Child Custody?
In New York family law, the status of joint legal custody allows both parents to share the responsibility of making significant decisions about their child’s life. These decisions typically involve important aspects such as education, healthcare and religious upbringing. Unlike sole custody, where one parent has the exclusive right to make these determinations, joint legal… Read More »
How Spouses Can Keep Their Separate Property Separate
In New York, maintaining individual ownership of separately owned assets is vital for spouses who wish to avoid having them classified as marital property during a divorce. New York follows an equitable distribution rule, by which assets acquired during a marriage are subject to fair but not necessarily equal division. Property owned prior to the… Read More »