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Category Archives: Divorce

How to Deal with Life Insurance During Divorce

Life insurance is one of the financial assets you must disclose during your divorce as part of the equitable distribution process. But the court can treat your policy any number of ways, depending on your family’s overall circumstances: A piece of property — A whole life policy has cash value. The court may assess the… Read More »

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 »

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 »

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 »

How Does New York Law Impact Property Division?

When a couple enters a divorce in New York, state law requires that all property and debts get divided in a way that’s fair to both parties. To determine what is fair (or equitable) when it comes to the legal distribution of property, the court takes several factors into consideration. With the help of attorneys,… Read More »

Should You File for Separation or Divorce?

Although many people use the words “divorce” and “separation” interchangeably, these terms actually refer to two very different legal options. Understanding the impact that separation and divorce will have on your marriage can empower you to make the right choice for your relationship and, if applicable, your children. Couples filing for separation When couples enter… Read More »

Important Steps to Financially Prepare for your Divorce

It’s no secret that a divorce can have a significant impact on your finances. To achieve the best possible settlement, it’s important to financially prepare in advance. The following steps will help you get ready for your financial future: Collect your financial records: You will want to go into your divorce with accurate and up-to-date… Read More »

Avoid these 5 Common Mistakes During Your Divorce

During the course of a divorce, emotions can run high. This may sometimes cause those involved to lose perspective when it comes to negotiations related to child custody and the division of assets. If you are going through a divorce, it is important to avoid making the following mistakes: Listening to advice from non-lawyers. Throughout… Read More »

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