Author Archives: Bryan Salamone
The Most Common Divorce Myths and Misconceptions
People who are going through their first divorce never quite know exactly what to expect. We may know others who have gone through the process, but every divorce is different and there are many types of challenges that may arise. There are a number of myths and misconceptions surrounding the divorce process that may make… Read More »
Why Courts Order Supervised Visitation
Under New York law, courts decide custody and visitation matters in “the best interests of the child.” Generally, there is a presumption that frequent, meaningful contact with both parents is in the child’s best interest, so even if one party to a divorce can’t share custody, that parent gets regular visitation or parenting time. Visitation… Read More »
What Does It Take to Break a Prenuptial Agreement?
If you signed a prenuptial agreement before you were married, you may be wondering what impact it could have on your divorce. And, if you recently perused the old document and gasped halfway through, then exclaimed, “They can’t hold me to that!” you’re probably hoping for a way out. Breaking a prenup – the process… Read More »
How Does Healthcare Figure into a Divorce Settlement?
Divorce raises many questions about health insurance for you and your children. If your employer’s group insurance plan has covered your family, the court can require you to keep your children enrolled, even if you don’t have custody of them, by issuing a qualified medical child support order (QMCSO). The court might even require you… Read More »
What Does It Take to Prove Parental Alienation?
Parental alienation is the term for one parent’s intentional or unconscious behavior that encourages the child to reject the other parent. Alienating behavior includes subtle physical or verbal clues as well as overt actions and candid statements that punish the child for maintaining a positive relationship or reward the child for rejecting the targeted parent…. Read More »
How Imputed Income Factors into a Divorce
When a couple divorces, each spouse must make a full financial disclosure for the purposes of property division, alimony and child support. Often, a supporting spouse attempts to underreport income to reduce alimony and child support obligations. Here are a few ways a supporting spouse could go into a divorce with lower-than-actual reported income: Turn… Read More »
Updating Your Estate Plan After Your Divorce
If you’ve been through a contested divorce, you’ve already fought to hold onto your separate property and a fair portion of your marital estate. So why let your estate plan give it all back to your ex? That’s what could happen if you don’t review your testamentary documents and financial products that list your beneficiaries…. Read More »
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 »
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 »