Category Archives: Divorce
Can a New York Divorce Settlement Be Reopened After It Is Final?
Many folks are under the impression that after a divorce is concluded, everything becomes final and definite. Usually, this is the case. A judgment in a divorce or settlement agreement is meant to ensure certainty and allow both parties to start their new lives. Nevertheless, there are certain circumstances in which a New York… Read More »
How New York Courts Value a Professional Practice During Divorce
The allocation of property between separating spouses becomes an even more difficult task when one of them owns a professional practice or business. Under New York law, courts are required to make a determination on both the marital property and its appropriate value and division. In this article, we’ll review one landmark decision concerning… Read More »
Relocation and Long-Distance Parenting in New York
Cases involving child custody become even more dramatic when one parent wants to move away with the child. The courts in the State of New York need to consider the rationale behind the custodial parent’s desire to move, along with the effect that this might have on the custodial parent-child relationship. In this article,… Read More »
Understanding Equitable Distribution in New York Divorce
One of the most contentious topics in a divorce proceeding is how to distribute the couple’s marital property. While other states divide marital property exactly in half, the State of New York uses an approach called equitable distribution, meaning assets are distributed equitably as opposed to evenly. In this article, we’ll discuss a case… Read More »
Equitable Does Not Mean Equal: Uneven Asset Distribution in New York Family Law Cases
In New York family law cases, the courts follow the principle of equitable distribution. This means that the marital estate may not be divided evenly between the two parties. In some cases, the court will award more of the marital estate to one party than the other. In this article, we’ll discuss a New… Read More »
High-Income Divorce and Spousal Support: How Alimony Works in New York State
In New York divorce cases, there is need for the court to make a just division of financial obligations between spouses who have different earning capacities. Spousal maintenance, also known as alimony, is applicable in these cases. Alimony is generally awarded to the spouse with the lower income and earning potential after the divorce…. Read More »
Attorney’s Fees in New York Divorce Cases
In some cases, the court can order one party to pay the other’s legal fees. This happens rarely, but it does happen. Essentially, the court must establish that one party has a need and the other party has the ability to pay. In this article, the Rockland County family law attorneys at the Law… Read More »
Contested Alimony Awards in New York Divorce Cases
One of the most disputed issues in New York divorce cases is spousal maintenance, which is more commonly referred to as alimony. In cases where there is a lack of agreement on whether a spouse is entitled to spousal maintenance, how much they should receive, and for how long, it is up to the… Read More »
When Divorce Does Not Mean an Equal Split: How New York Courts Handle Uneven Property Division
Many individuals involved in divorce presume that marital assets will simply be divided evenly. This is not true for New York State. Instead, an equitable distribution applies. This means that assets from a marriage will be divided in a manner that is equitable to both parties. An example of an unequal division of the… Read More »
When Fair Does Not Mean Equal: Uneven Division of Marital Assets in New York Divorce
One of the biggest myths surrounding divorce is that marital property is always split 50/50. In New York, an equitable distribution state, that is simply not the case. The standard that is applied during divorce is that the outcome should be fair to both parties. Fair does not necessarily mean equal. In this article,… Read More »