Equitable Distribution in a New York divorce (division of Property)

Property Division New York is an “equitable distribution” state. Under New York Divorce law, marital property acquired during the marriage will be equitably divided between the spouses, based on the following factors: (1) the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker; (2) the … Continue reading “Equitable Distribution in a New York divorce (division of Property)”

How to Win Custody in a Divorce

How to win custody The way to win custody in a divorce is by your actions prior to the judgment of divorce. Before a judgment is rendered in a divorce, there is likely going to be conferences, hearings and telephonic appearances with a judge (in a contested matter.) Chances are good that a pendente lite … Continue reading “How to Win Custody in a Divorce”

Question to a New York Divorce attorney: Should I date during a divorce?

I would advise strongly against dating during a divorce. It sends the wrong message–big time. It doesn’t matter if you’re getting a divorce because your spouse was cheating on you. The fact is that if you’re caught dating before the divorce is final, it could compromise the ability to settle the case if a fair … Continue reading “Question to a New York Divorce attorney: Should I date during a divorce?”

Divorce doesn’t Have To Be Vicious

There are people who are inexperienced with divorce and make the mistake of thinking its the time to let all the dirty laundry in their marriage hang out. They pay a sizable retainer and then they proceed to call their attorney night and day to divulge every single horrible thing their wife or husband did … Continue reading “Divorce doesn’t Have To Be Vicious”

Should poor people get a prenup?

Are prenups only for celebs and rich people? I think everybody should get a prenup these days. Poor today, rich tomorrow. Rich today, poor tomorrow. These are uncertain times we live in. One never knows what will happen in the future. One only has to look to the lives of celebrities to see and hear … Continue reading “Should poor people get a prenup?”

What does QDRO mean? (pronounced quadro)

The acronym stands for Qualified Domestic Relations Order. According to the Employee Retirement Income Security Act of 1974 (ERISA) a Qualified Domestic Relations Order (QDRO) is a judgment, decree or order that creates or recognizes the existence of an alternate payee’s right to receive all or a portion of a plan participant’s benefits under an … Continue reading “What does QDRO mean? (pronounced quadro)”

Pensions & Divorce, NY (Updated 2017)

How Does Divorce Affect Your Pension Benefits? There are many questions to ask when you are getting divorced and there are pension benefits to be distributed. For example, it is important to know if your spouse has more than one pension plan or other retirement plan from a current or previous job. How long has … Continue reading “Pensions & Divorce, NY (Updated 2017)”

When is alimony available to a spouse and When does alimony end?

Alimony is available to a spouse whether it be for divorce, annulment or separation. It is available during the pendency of the action (temporary pendente lite maintenance) or as a final award for a fixed period of time, or for life. Alimony or spousal support, or maintenance ends upon the following circumstances: a)death of either … Continue reading “When is alimony available to a spouse and When does alimony end?”

Divorce lawyer in New York answers frequently asked questions by clients

A New York divorce lawyer answers 10 frequently asked questions (1) HOW LONG DOES IT TAKE? Anywhere from 6 weeks to 4 months (if uncontested) If it is contested, the jury is out. It could take more than a year. It would depend on the judge, the assets of the parties, whether there is a … Continue reading “Divorce lawyer in New York answers frequently asked questions by clients”

What amount of child support can I expect after a divorce in New York?

The amount of child support is fixed by statute as a percentage of gross income for the first $80,000 as follows: 17 % for one child 25 % for two children 29% for three children 31% for 4 children But the court can order a variance from the statute under certain circumstances. Refusing to pay … Continue reading “What amount of child support can I expect after a divorce in New York?”

What does equitable distribution mean in a divorce?

The word equitable comes from the word equity which means fair and just. So equitable has to do with that which is fair and just. New York is what’s called an equitable distribution state – as contrasted to California and other states which are community property states. And there is a third way that courts … Continue reading “What does equitable distribution mean in a divorce?”

What are the grounds for divorce in New York?

New York is one of a few states that does not grant a divorce on the grounds of “irreconciliable differences.” It’s such a sexy ground, every single movie about divorce probably uses that, but its not a ground in New York. Here, we do not have the quintessential “no fault” divorce like places such as … Continue reading “What are the grounds for divorce in New York?”

Can I get child support while a divorce is pending?

Yes. The Law mandates it. And don’t let the lawyer for the noncustodial spouse try to tell you that the court has to follow the CSSA guidelines in granting you an award of child support. That is not true. The Court can deviate from the guidelines when a divorce is pending. There are 10 factors … Continue reading “Can I get child support while a divorce is pending?”