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 »
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 »
How Wasteful Dissipation of Assets Can Affect Equitable Distribution
In New York divorce proceedings, the spouses’ marital assets are divided using the process of equitable distribution. This involves the court’s weighing of several factors to determine a fair but not necessarily equal split. One of the factors considered is whether either spouse is at fault for wasteful dissipation — that is, deliberately squandering, concealing… Read More »
Legal Questions to Consider Before You Get Married
As you prepare for marriage, there are some questions to consider beyond just whether you are ready to make a lifelong commitment to your partner. Because marriage is a legal contract, there are certain legal issues you and your future spouse should decide together before moving forward. Before your wedding Before you officially get married,… Read More »
Age at Time of Cohabitation Could Be Predictor of Divorce
For many years, it was commonly accepted that cohabitation before marriage increased a couple’s risk of getting divorced. However, research from the Council on Contemporary Families suggests cohabitation does not influence the likelihood of divorce—and never has. Instead, it is the age at the time of cohabitation that’s most likely to predict a divorce. Couples… Read More »
What are the Legal Benefits Associated with Marriage?
Marriage is more than just a new phase of your relationship with your partner—it is also a legally binding contract that affords you certain legal benefits often unavailable to single people. The following are a few examples of those benefits and protections you will receive as a married person: Tax benefits: Married people can file… Read More »