Grounds for Divorce in New York
On October 12, 2010, New York joined the other 49 states and now allows a divorce without alleging and proving “marital misconduct”. So, instead of claiming that your spouse is “guilty” of adultery, cruelty or [...]
Equitable Distribution
The basic premise of the Equitable Distribution law is that marriage is an economic partnership. Upon the dissolution of that partnership, the assets and liabilities that were accumulated during the marriage are divided between you [...]
Real Estate
It has been my experience that more time is spent discussing real estate than any other asset. That is partly because real estate is likely to have the greatest amount of value as an asset. [...]
Retirement Accounts & Pensions
If you worked at a job that provided these benefits while you were married, they are considered marital property and are subject to Equitable Distribution, even if the payouts are not available until long after [...]
Custody & Parenting of Minor Children
When I create a Parenting Plan for my clients, joint legal custody generally means that both parents have control over decision making while sole custody gives the decision-making ability to one parent. Shared parenting generally [...]
Child Support in New York
Under the Child Support Standards Act (CSSA), the child support percentages apply to the combined parental income up to $143,000 annually. If your combined parental income is above that amount, the court has the discretion to apply the [...]
Maintenance
In New York, what used to be called “alimony” is now called “maintenance”. On January 23, 2016 New York adopted a law that creates “guidelines” that are designed to assist a court in determining the [...]
Divorce and Taxes
As a general rule, there is no tax implication involved in the transfer of a marital asset. However, there are many other tax issues to consider when reaching an agreement. When deciding when to file [...]