Equitable Distribution
Consequences of Deceitfulness During Divorce Settlements
New York is an equitable distribution state, meaning that the marital property will be divided between spouses in a way that is equitable, or fair. The court will decide what is fair based on a set of factors that show what each of you contributed to the marriage and what each spouse will need to…
Read MoreHow the Letters After Your Name Affect Your Divorce: Enhanced Earning Capacity in New York
A J.D., M.B.A, M.D., Ph.D, C.P.A, or L.L.M degree look great on your resume. But, are they good for your divorce? In New York, licenses obtained during the marriage are subject to equitable distribution during a divorce. In the seminal case of O’Brien v. O’Brien, where the court of appeals held that the plaintiff’s license…
Read MoreNew York Passes No Fault Divorce Bill
On Sunday, August 15, 2010, Governor Paterson signed a bill making New York the last state to allow no fault divorce. This means that instead of accusing your spouse of committing adultery, constructive abandonment, or cruel and inhumane treatment, or, entering into a separation agreement for one year, one spouse must swear under oath that…
Read MoreMind Your Own Business: How to Split Your Business in a New York Divorce
When you are married there are many assets you and your spouse accumulate that may need to be evaluated in order to equitably divide the property during divorce. Of interesting importance is the valuation of a business. There are two scenarios where the business comes into play. First, you or your spouse may have owned…
Read MoreWill You Marry Me…and Sign By the X?
The Wall Street Journal recently posted an article about the increasingly popular prenuptial agreement. A prenuptial agreement is a written contract entered into before marriage, or during marriage in the case of a postnuptial agreement, that discusses what will happen to the couple’s assets should the marriage end in divorce or death. It is not…
Read MoreMy Fault? Your Fault? No Fault! Part 2
On June 17, 2010 I posted a blog regarding New York’s potential switch to no fault divorce. Recently, Newsday published an updated article on the topic suggesting that New York is moving closer to passing the bill. Click here to read the article. If you are interested in obtaining a divorce, Long Island divorce attorney…
Read MoreAll About Adultery: How Infidelity Affects Your Assets in a New York Divorce
This year’s celebrity tabloids have been inundated with news of our superstar couples splitting after discovering that one spouse has cheated on the other. The list is exhaustive ranging from Golf pro Tiger Woods cheating on Elin Nordegren, Motorcycle man Jesse James cheating on Sandra Bullock, Actor Ryan Phillipe cheating on Reese Witherspoon, Reality television…
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