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Recent Blog Posts

When Does a Spouse Have Rights to a Revocable Trust?

For numerous reasons, individuals or couples may choose to place property in revocable trusts. These trusts hold the property during the grantor’s lifetime and then pass that wealth onto heirs when the grantor dies. When a trust is revocable, the grantor can change the terms, including the named beneficiary, at any time. The question for… Read More »

When Is Parental Kidnapping Legal?

Parental kidnapping can involve snatching a child and fleeing the country with the intention never to return, deliberately failing to return a child on time to a custodial parent, and everything in between. Parental kidnapping is the deliberate violation of a custody order. It need not involve violence, threats or even removal of the child… Read More »

Does Your Spouse Have a Right to Your Trust Income?

If you receive income from a trust fund, you probably don’t want to share it with your spouse after your divorce. Fortunately, if you have lived in New York long enough to file for divorce here, your trust fund is probably safe. However, under limited circumstances, your ex might have a claim to support from… Read More »

Can a Veteran’s Spouse Claim VA Benefits During Divorce?

Although wives and husbands of military personnel typically lose benefits when they dissolve their marriage to a service member, federal law does provide certain protections for former military spouses. Depending on the length of your marriage to a service member, you may retain these rights: Access to the commissary and post exchange — If you… Read More »

Fraudulent Transfers in Divorce

A fraudulent transfer is a transaction one person makes to frustrate another person’s legitimate claim to an asset. In divorce, fraudulent transfers occur when one spouse deals away property he controls to prevent the court from counting it and distributing it to the other spouse.  Fraudulent transfers are illegal, of course, but they can be… Read More »

What Is a Law Guardian?

In deciding all divorce issues affecting your children, the family court applies a single, all-important standard: “the best interests of the child.” But how does the court know what is in your child’s best interest? In tough custody battles, parents often have conflicting notions of what’s best for their child. They present the court with… Read More »

Grey Divorcées Should Sign Grey Prenups

In recent years, there has been a notable increase in the number of empty-nesters and retirees who’ve gotten divorced. It makes perfect sense not to spend your golden years in a broken relationship, but once you’ve found a new relationship, you should bear in mind that it too could break. That’s why we at Bryan… Read More »

The Perils of Dating Before You Divorce

At Bryan L. Salamone & Associates, P.C., we understand how much our clients want to enjoy their freedom. Many have waited far too long to dissolve their marriages and get on with life. However, we still believe that is the proper sequence: first, dissolve your marriage; then, get on with your life. Living as though… Read More »

Does New York Still Have Lifetime Alimony?

New York State recently reformed many aspects of its Domestic Relations Law, including rules for permanent alimony. The new law creates an advisory schedule for the duration of permanent alimony based on the length of the marriage: From 0 up to and including 15 years — Alimony may last anywhere from 15 percent to 30… Read More »

Can My Divorce Take Longer than My Temporary Support Order Lasts?

A dependent spouse in a divorce action is generally entitled to temporary spousal maintenance, also called pendente lite alimony. However, since New York State reformed its alimony laws, courts have been asked to give greater scrutiny to how much alimony is awarded and for how long. Traditionally, temporary spousal support has run until the court… Read More »

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