Category Archives: Spousal Support

Living With Your Girlfriend/Boyfriend and Plan to Marry? Why You Need a Co-Habitation Agreement

IF YOU ARE LIVING WITH YOUR GIRLFRIEND OR BOYFRIEND, AND LATER MARRY THEM, YOU NEED A CO-HABITATION AGREEMENT OR YOU MAY BE PAYING MAINTENANCE (f/k/a “ALIMONY”) FROM THE DAY THEY MOVED IN WITH YOU. THEY CAN ALSO HAVE YOU THROWN OUT OF YOUR OWN HOME. The most recent changes to New York State Family Court… Read More »

Who You Decide to Marry is the Most Important Business Decision of Your Life

Whether or not to marry is a huge decision. The person you choose to marry will most certainly affect your career and wealth. Maintenance (formerly alimony in New York) takes into consideration how one spouse may have affected the other spouse’s career. If one spouse withdraws from the workforce to care for young children and… Read More »

Wealthy Americans May Have an Incentive to Get Divorced Quickly

A recent article in The New York Times indicates that under the new Republican tax law, there may be an incentive for wealthy Americans pondering divorce to rush to get it done before 2018 is over. The primary reason for this is that the new Tax Cuts and Jobs Act will eliminate the previously existing… Read More »

Can You Request Money for Lawyer’s Fees in a Divorce?

Most of the time, if one spouse is able to pay for an attorney but the other is not, the court will direct the spouse that earns more money to at least partially contribute money to pay for the other’s attorney’s fees. However, it behooves your spouse to agree upfront to pay you some of… Read More »

Negotiating a Divorce Settlement with an Abusive Spouse

Divorce is never an easy process. It becomes especially complicated and emotionally trying when one spouse has been physically or emotionally abusive to the other. Before you file for divorce from an abusive spouse, it’s important to be aware that there are court protections available to you. Especially if the abuse was recent, you should… Read More »

What Happens if Your Spouse Doesn’t Show Up for Your Divorce?

While you cannot force your spouse to show up for meetings pertaining to your divorce, you can use some legal strategies to strongly encourage the person’s attendance. In a typical divorce, there will be plenty of paperwork, meetings and court appearances to work through. These meetings regularly occur until the divorce has concluded. For example,… Read More »

Why You Might Consider a Lump Sum Payment Instead of Periodic Alimony

There’s a chance you could be awarded alimony as a part of your divorce settlement. In this arrangement, you may have a choice between getting an upfront lump sum payment periodic payments spread out over time, especially if that alimony arrangement will be a short-term one. Although most people have periodic alimony arrangements, there are… Read More »

New Domestic Relations Law Protects Smart Women in 2016

In 1985 the New York Court of Appeals started a case called “O’Brien v. O’Brien” this case has a “progeny” of cases that further define it and solidify it. The case stands for the proposition that “an interest in an professional career is marital property which can be represented by direct or indirect contribution (even… Read More »

Changing Your Alimony Payment Amount

If your financial situation has changed since your divorce was finalized and you can no longer make the same financial contributions as earlier, you may need to modify the terms of your alimony agreement. It is possible for alimony amounts to be changed, although it may require substantial evidence in support of your claim. Reasons… Read More »

What Factors into Alimony Decisions in New York?

Alimony, also known as spousal support or spousal maintenance, is often paid by one spouse to another during or after a divorce. Many factors are considered when determining the alimony amount for New York couples that are deciding to end their marriage: What is alimony? Alimony refers to court-ordered payments that are put in place… Read More »