During the divorce process, a lesser-earning spouse can typically request temporary spousal support subject to certain rules. However, if your spouse is capable of earning more money but is underemployed or unemployed, should you still have to pay spousal support?  New York Spousal Support Rules Generally, temporary support will be granted in an amount consistent with the marital lifestyle. This amount may be different than what is ultimately awarded upon divorce or separation because the parties haven’t yet disclosed all their financial information at this stage.  Both interim and f ..read more

You and your spouse signed a separation agreement but now your spouse refuses to comply with the terms of the agreement. Even worse, your spouse is now living in another country. How can you enforce your rights?  What Is a Separation Agreement? A separation agreement is a signed contract between both spouses that states they will live separate and apart and addresses the couple’s financial and custody matters. This includes division of marital property, responsibilities for bills, spousal and child support, child custody, parenting time, health insurance and any other pertinent issues.&nb ..read more

Divorces are emotional. It isn’t unusual for parties to be angry and upset even in court. Judges understand this but they will also assess each party’s demeanor and ability to cooperate and follow the rules. If your negative emotions get in the way of resolving your divorce or, if you act in a way that makes you lose credibility, it can be detrimental to your case. It is relatively easy to make a good first impression with the judge by following a few simple rules. What Should You Expect During Your First Court Appearance? Your first meeting with the judge is a preliminary conference where the ..read more

You’re unhappy in your marriage but not sure whether to get a divorce. While you can read all about divorce online, it’s not the same as getting one-on-one information about what you should expect in your divorce. Most people wait to talk to a divorce lawyer until they are ready to file for divorce or their spouse served them with papers. However, talking with a lawyer when you are considering, but not sure about divorce can help you make a final decision. A good attorney will give you the facts, not try to sway your decision either way. Learn About the Divorce Process A divorce lawyer can ans ..read more

College is expensive. As such, most parents contribute to its cost to the extent they can do so for their children. Divorce can change this to some extent. Parents are required to pay child support until their children are 21 years old. Whether that includes college expenses is subject to specific rules under New York child support laws. What Expenses Are Covered By New York Child Support? Basic child support encompasses essentials like food, clothing and shelter. The amount awarded is determined by a statutory formula.  Other costs are considered add-on expenses, which if not statutory ..read more

When one spouse owns a business, there are specific rules that govern how it is divided in divorce. Under New York law, a spouse who doesn’t have title to the business may still be entitled to a share of the appreciation of the business depending on various factors. These rules can be complicated as they require the court to consider the non-titled spouse’s contributions to the business and, separately, whether there was any commingling of personal and business assets by the titled spouse. How Is a Business Divided in Divorce? A business is considered an active asset meaning that it is an asse ..read more

Patents and other intellectual property are assets that may be considered marital property subject to equitable distribution in divorce depending on the circumstances. When such assets are marital property, they can pose some unique issues. One of these concerns is that a patent may not have much value at the time of the divorce but appreciate significantly thereafter. If you are considering divorce, it’s essential to work with an attorney and other experts who understand how to handle the division of patent rights fairly. When Are Patents Considered Marital Property? The key question in evalu ..read more

Keeping pace with the changes, New York State has made some crucial amendments to the income caps for both child and spousal support calculations. The new changes are set to be effective as of March 1, 2024. For child support, the income cap has experienced a substantial increase from the previous $163,000, going up to $183,000. This implies that when determining child support, the standard formula will be applied on combined parental income up to this new cap, with the percentage varying according to the number of children. In addition, for spousal support, the income cap has risen from $203 ..read more

Corporate executives often receive stock as part of their compensation package. This can be very lucrative and desirable particularly because of their tax benefits. In a divorce, stock options and stock grants may be considered assets subject to equitable distribution depending on the circumstances. As discussed in prior posts, a key issue is whether and to what extent the rights to the stock have vested or are deemed earned, as the case may be, which can be complicated to determine. Even if the rights have vested, an additional factor that may affect how much a spouse is entitled to get is wh ..read more

If you earn less than your spouse, you are arguably entitled to temporary spousal support during divorce. Spouses can be obligated to pay spousal support. However, the lesser-earning spouse must request it and it is subject to certain rules.  How Much Spousal Support Are You Entitled to Get? A temporary award of spousal support is usually granted in an amount consistent with the marital lifestyle. Child support may also be awarded if you are the custodial parent. In addition, you should also receive adequate resources to pay for a lawyer of similar caliber as your spouse’s lawyer. Importa ..read more