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. Alienating behavior is most problematic…
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 down a promotion or raise…
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. After divorce, you need to…
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 surrender value of the policy…
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 couples going through a divorce…
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 your trust fund. The…
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 were married for at least…
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 tricky to discover and difficult…
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 you were already single could…
Originally, Alimony Laws were to eradicate financial inequities suffered by divorcing women. Since then, alimony has turned into maintenance and maintenance has various factors which determine as spouse’s eligibility; the amount of maintenance and the duration. On June 24th, 2015 the United States Senate passed a bill which was a “sweeping revision” to the Domestic Relations Law of New York…