If you are going through a divorce, the question of alimony (spousal support) is crucial to address, as it can result in significant financial implications for both parties. In New York divorce cases, alimony is generally ordered in litigated cases to help both spouses maintain a living standard similar to what they had during the marriage, especially if there is a significant disparity in income or earning capacity between them. That said, not all divorces are accompanied by spousal support orders. There are several reasons why a New York court may deny alimony, including the following. Marit ..read more

As you go through the motions of divorce, you may have a multitude of questions running through your mind about your future. Spousal maintenance is probably one of the most pressing concerns, especially if you’re financially dependent on your spouse or worried about your financial stability during the divorce proceedings. In New York, there are two main types of spousal maintenance, otherwise known as alimony: temporary alimony and post-divorce alimony. Pendente lite, or temporary spousal support is ordered during the pendency of the divorce proceedings to address immediate needs until a final ..read more

If you are in New York and considering divorce, it might be a good time to familiarize yourself with the various grounds for divorce recognized by the state. Understanding these grounds can be crucial as they dictate the legal basis on which you can seek a divorce. New York allows for both fault and no-fault grounds for divorce. No-fault grounds center around the concept of an “irretrievable breakdown of the marriage.” What constitutes an irretrievable breakdown of marriage? An irretrievable breakdown of marriage gives you the legal basis to seek a divorce in New York without the need to prove ..read more

During divorce, you might be entitled to a fair share of the marital assets, which could include a business. In this case, the business value must be determined to better ensure equitable distribution of assets between the spouses. Business valuation is a process that can involve various methods and approaches to determine the worth of the business. When valuing a business in divorce, here are several methods that you can consider. 1. Times revenue method This method involves multiplying the business’s annual revenue by a certain factor to estimate its value. The multiplier used typically depe ..read more

When you are going through a divorce, there are many uncertainties you may face. One common concern involves what will happen to the family home if you decide to leave during the process. The short answer is, you will not lose the house. The choice of whether or not to stay in your marital house during divorce is entirely up to you and your specific circumstances but it’s important to prioritize self-care and consider the potential implications of your decision. When should I consider leaving the family house during divorce? During divorce, you may consider leaving the family house if staying ..read more

The assets you owned before getting married are typically considered separate property in the event of a divorce. However, if you mix or commingle these assets with marital or jointly-owned property during the marriage, it can complicate the determination of what portion of the asset’s value remains separate property and what portion has become marital property subject to division in the event of litigation. Commingling occurs when separate property funds or assets are mixed with marital funds or assets, making it challenging to trace and separate them out during divorce proceedings. There are ..read more

If you or your spouse benefit from restricted stock units (RSUs), you may be wondering how they may be handled by the courts in the event of a litigated divorce. Like every other asset, the courts will first seek to determine whether the RSUs are separate assets or marital assets. There are several ways the court may determine whether restricted stock units (RSUs) are separate assets or marital assets in the context of a divorce, including the following. Date of grant vs. date of vesting The court will consider the date the RSUs were granted and the date they vested. If the RSUs were granted a ..read more

Most of the time, the assets you acquire during a marriage are considered marital property and assets acquired before marriage – or when inherited or gifted to one spouse during marriage – are considered separate property. While this is usually the case, sometimes the status of these assets may change during the course of the marriage through a process called transmutation. Transmutation in family law describes how property classified as separate changes status to become marital. For the transmutation of separate property to happen, certain conditions have to be met. In New York, transmutation ..read more

Ending a toxic marriage can bring a much-needed breath of fresh air into your life. When children are involved, the circumstances may not be as straightforward. Children generally need attention from both parents and maintaining a healthy relationship with both parents is often ideal for their emotional and psychological well-being. When dealing with a toxic ex, you may want to seek reassurance that your children will not be harmed while spending time with their other parent. In these situations, pursuing supervised visitation can provide several benefits and safeguards for both the children a ..read more

During divorce, courts may award maintenance to help enable a financially disadvantaged spouse to maintain a reasonable standard of living. Getting disqualified from receiving ongoing maintenance payments can have serious consequences for the spouse who either anticipates or who has already been relying on it. The common misconception that maintenance is an unconditional and permanent entitlement can lead to misunderstandings. In reality, there are specific circumstances that may result in disqualification from ongoing maintenance eligibility. Remarriage If the maintenance recipient enters a l ..read more