One of the many uncomfortable conversations that I often need to have with my mediation clients involves the sensitive topic of retirement assets. As you can imagine, the division of retirement assets can be a very emotional topic; both for the retirement asset holder and for the spouse who may not have had the opportunity … Continue reading Dividing Retirement Assets upon Divorce
New York Courts Rollout Presumptive Mediation in Matrimonial Cases In an effort to quell the volume of divorce litigation in New York Courts, Presumptive Mediation is being rolled out for matrimonial cases this September. Whether or not couples choose the path of mediation, the Courts now say couples should at least try it, and are … Continue reading New Court System Initiative Says Mediate before You Litigate!
In New York, “Maintenance” is simply another word for “Alimony.” Maintenance is a legal obligation placed on one spouse (the spouse with greater income) to provide financial support for the other spouse (the spouse with less or no income) for a specified duration of time. If your divorce was commenced after January 25, 2016, the … Continue reading What Is Maintenance Under New York Law and What Triggers It?
If you are getting married, going through a divorce, or even contemplating divorce, one of the many questions to ask yourself is how does the law in your state divide property upon divorce. If you litigate your divorce in the State of New York, the court will apply the Law of Equitable Distribution. The term … Continue reading Equitable Distribution in New York
People are often disappointed after choosing to litigate their divorces. What they thought would be a forum to air their grievances with their spouse may turn out to be a high-pressure, high-cost ordeal that lasts half a decade. In this article, I present two options — a non-fiction Choose Your Own Path if you will. … Continue reading Mediation or Litigation – Which Process Is Right for You?
Prenuptial agreements are versatile tools that can provide reassurance and guidance for the couples who take advantage of them. That said, there remain many misconceptions about what a prenup can and cannot do — so I thought I would take some time to demystify the process in this post. What Is a Prenuptial Agreement? A … Continue reading Prenuptial Agreements — What Are They and Do I Need One?
Any person who has been through a divorce will tell you that the topic of introducing a significant other to the children is a sticky one at best. Even people involved in the most amicable of divorces struggle with this. So, the question is, how do divorcing parents navigate this difficult topic? Here are a … Continue reading Divorce and Significant Others
Often times in my mediation practice I get asked the question: How do I change my last name? Many people are under the misconception that as soon as they sign the divorce papers, they can legally change their last name back to their maiden name — but that's not true. The changing of your last … Continue reading The Name Change
One of the issues to be decided in mediation is how frequently child support will be recalculated. In New York, child support is calculated pursuant to the Child Support Standards Act (CSSA). In calculating child support, the CSSA looks at the gross income of the parties, minus standard deductions such as FICA, and then calculates … Continue reading Recalculating Child Support
Nesting is an arrangement in which the parents agree to rotate in and out of the marital home while the children continue to reside in the marital home full time. The parents create a schedule where only one parent is at home with the children at any given time — for example, mom is in … Continue reading Keeping Consistency With Nesting