Kramer vs. Kramer was far ahead of its time. In the 1979 film, Dustin Hoffman’s character, Ted, made a case for custody of his son, asking: “What law is it that says a woman is a better parent simply by virtue of her sex? What is it that makes somebody a good parent? …it has to do with consistency; it…
Establishing separate living arrangements — including custody of the family home — is one of the most immediate concerns in divorce. And since the home is often the couple’s most valuable marital asset, it also represents a significant property issue. For now, how do I get my spouse to leave so I can stay in or return to my home?…
If you’re contemplating divorce, your emotions may encourage you to go full-speed-ahead to a quick resolution and the beginning of your idyllic, spouse-less future. But there may be reasons to put on the brakes – at least for a while – and consider whether legal separation makes sense as a first step. Like a divorce, a legal separation is a…
Our legal system generally regards pets as property – like a sofa or television set. But while the market value of a mutt may be virtually negligible, his human owners may well consider him to be absolutely priceless. One New York man has spent his life savings – over $60,000 – trying to win custody of a beloved dog from…
For many couples, Pension plans, IRAs, 401(k)s and other retirement plans represent a significant portion of their net worth. These assets are addressed as marital property in divorce settlement agreements, to be divided fairly, but not necessarily equally, according to New York’s Equitable Distribution Law. Even if the retirement account was initiated prior to the marriage, the portion earned by…
The luckiest man in the country may not be as fortunate as we thought! I was recently asked by the New York Daily News to discuss the legal obligations facing recent Powerball Jackpot Winner Pedro Quezada, including what this windfall means for his child support payments. Click here to read Newspaper article.
It may be difficult to emerge from divorce with your credit unscathed, but here are some “Dos and Don’ts” to help: Don’t: Think you can divorce your debts. While obligations acquired during marriage are marital property to be divided equitably, creditors are not bound by marital agreements. They can still hold you responsible for debts your spouse agreed to pay.…
One of the most contentious aspects of a divorce is dividing property. In one famous case, an enraged spouse cut the couple’s home in half with a chain saw. Fortunately, not all divorces get that out of hand. New York’s Equitable Distribution Law provides for the fair, though not necessarily equal, division of property in a divorce. This statute categorizes…
After divorce, finding someone new is a common goal – but actually tying the knot again is not. According to SmartMoney.com, fewer than half of divorced women and slightly more than half of divorced men are remarried – and those numbers are dropping. Marriage does offer legal and financial benefits over cohabitation, including the tax advantages of joint filing and…
When you’re making up your wish list for assets in your divorce settlement, chances are a vehicle will be somewhere near the top. Regardless of whose name is on the title, if the car was purchased during your marriage, it falls within the definition of marital property, and is subject to the Equitable Distribution Laws of New York. If you…