Property Transfers and their tax consequences: NY Divorce Laws

ARTICLE TITLE: Property Transfers and their tax consequences The general rule is that when property is transferred from one spouse to another, and the transfer is “incident to the divorce” no taxable event has occurred. Taxes generally As a general rule, the Courts in New York will consider the tax consequences of a property settlement/distribution. … Continue reading “Property Transfers and their tax consequences: NY Divorce Laws”

Alimony can either be taxable or not. It depends on how you and your spouse choose to classify it

During divorce proceedings, the distribution of marital property can either take the form of cash distributions or they will be in the form of property distribution. Only cash distributions are deductible by the payor spouse and taxable to the payee spouse. Property transfers/settlements are not taxable to the payee spouse or deductible by the payor … Continue reading “Alimony can either be taxable or not. It depends on how you and your spouse choose to classify it”

High Net worth individuals and the prenup

So you are getting married and you are thinking about the pre nup. Good idea? Bad idea? Well, it depends. It’s kind of like lovemaking. And taking precautionary measures. Or not…. It really depends on what you are trying to accomplish. If asset protection is one of your concerns, as a general rule, then you … Continue reading “High Net worth individuals and the prenup”

I fear my husband will kidnap my son and take him to another state. Can he change the custody order in another state?

A potential client called this morning in a panic. Her recently estranged husband who has moved to Kansas has been threatening to take the child and keep the child in Kansas. The husband, a citizen of Morocco, also has close familial ties in Morocco. The wife is petrified that not only can he take the … Continue reading “I fear my husband will kidnap my son and take him to another state. Can he change the custody order in another state?”

How to annul a marriage that was a mistake

Sometimes, you just straight up make a mistake. You meet someone and without getting to know them well, you jump into marriage. Or you may know someone for a really long time but not really know them, if you know what I mean, and the next thing you know you are living a big mistake. … Continue reading “How to annul a marriage that was a mistake”

Q&A: How can I get my name changed back to my pre-married surname after a divorce?

In New York State, it is required that a statement is included in the Divorce judgment stating that either spouse may resume a former surname after a divorce. That is all that is required to resume a former surname. No additional judicial action or proceeding is required, just a sentence in the divorce judgment. Correspondingly, … Continue reading “Q&A: How can I get my name changed back to my pre-married surname after a divorce?”

Am I obligated to pay my spouse’s debts?

The law in New York State seems to be that, as a general rule, each spouse is responsible for his or her individual debts and both spouses are jointly and severally liable to joint debts. In other words, just because you are married does not necessarily mean you are automatically responsible for your spouse’s individual … Continue reading “Am I obligated to pay my spouse’s debts?”

DIVORCE SALOON SPEAKS WITH FAMILY THERAPIST CARLETON KENDRICK

DIVORCE SALOON SPEAKS WITH FAMILY THERAPIST CARLETON KENDRICKS DIVORCE SALOON: As a leading family therapist have you found that divorced parents have a harder time keeping up the routine of eating together with their children?    CARLETON KENDRICK: In both my professional and personal experience, I have found that recently divorced parents have had more … Continue reading “DIVORCE SALOON SPEAKS WITH FAMILY THERAPIST CARLETON KENDRICK”

I have been married less than one year. But I want a divorce. Can it be done?

Yes. If you can show your spouse committed adultery, or treats you cruelly and inhumanly you can get out of the marriage. You could also get a separation agreement and agree to live apart for one year. If your spouse is incarcerated, you can get a divorce if you can show your spouse treats you … Continue reading “I have been married less than one year. But I want a divorce. Can it be done?”

We got divorced in another country. Can I enforce the divorce in New York?

Yes. New York usually gives full faith and credit to a marriage and divorce that was legally entered into a foreign jurisidiction. So where equitable distribution is concerned, you could take the judgment from a foreign country to a court in New York and ask, by way of motion for a “Declaratory Judgment” against your … Continue reading “We got divorced in another country. Can I enforce the divorce in New York?”

Can I force my husband to pay for private school tuition?

Okay. The deal with private schools is that generally the courts do not order a parent to pay for private school unless you can show that the child’s needs, interests and preferences calls for a private school education. The Courts will also consider cost and whether a parent’s financial circumstances can accommodate these costs. The … Continue reading “Can I force my husband to pay for private school tuition?”

Divorce info about private schools and who pays tuition: I want my child to got to private school. Can the court force my husband to pay the tuition?

Divorce info, private school education, tuition When it comes to private school education, it is difficult to get the court to order a parent to pay private school tuition. The idea is that there are obviously many public schools and all of them are free, and there is no “presumption” that the public school education … Continue reading “Divorce info about private schools and who pays tuition: I want my child to got to private school. Can the court force my husband to pay the tuition?”

I think my spouse is hiding assets. What can I do?

This is a potentially expensive proposition. You will likely have to hire a professional to do an asset search. There are people out there called forensics experts and they can search things such as computers (which will probably have to be subpoenaed) to search for deleted, archived and active files which may contain data that … Continue reading “I think my spouse is hiding assets. What can I do?”

What is a Radius clause in a separation agreement? My spouse wants us to get a radius clause.

A radius clause is basically an agreement between the two parties not to relocate outside a specified radius. This kind of provision in a separation agreement protects both parties from the sudden relocation by the other and the diffiuculties that would pose for the children who need to have a relationship with both parents. The … Continue reading “What is a Radius clause in a separation agreement? My spouse wants us to get a radius clause.”

I want to get re-married as soon as I get the divorce judgment. Can I relocate with my child without my ex’s permission?

Relocation is a tricky issue and there doesn’t seem to be a set rule. However, most New York divorce and family law attorneys will talk about the Tropea case which is the seminal case on the issue of relocation. However, In Tropea the the ex-wife was pregnant and engaged, and requested permission to move the … Continue reading “I want to get re-married as soon as I get the divorce judgment. Can I relocate with my child without my ex’s permission?”