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…
For many, prenuptial agreements may seem like only something that celebrities choose to enter into to protect their wealth. However, prenuptial agreements offer concrete benefits to many couples, regardless of their financial status. The following are several reasons why couples opt to take this route: Gives you control: With a prenuptial agreement in place, you can rest easy knowing exactly…
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, members of a couple can…
In the last few years, there is a 60% increase in divorces in January in the month of December. January 4th is usually listed as “divorce day” when in truth, February 16th seem to be the true “D-day” or divorce day in any given year. This year should be different because of the new maintenance and (alimony) laws that will…
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 into a separation agreement, they…
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 non-financial contributions) of a spouse.…
If you are a parent who is about to enter into a divorce, child support will most likely factor into your proceedings. Having a working knowledge of information pertaining to child support will help you set and achieve settlement goals with the assistance of your attorney. Understanding child support fundamentals Child support is paid by one parent to another parent…
A great Nassau County Judge once stated; “There are three issues in every divorce: Money; Money; and Money.” -Nassau County Judge, November 2015 Many people will think that a divorce lawyer should be aggressive; others think compassionate; many think it’s a job that involves hand-holding or therapy. Nonsense. In the State of New York (specifically in Long Island) the high…