Bryan L. Salamone & Associates, P.C.’s Legal Blog

The Perils of Dating Before You Divorce

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…

Does New York Still Have Lifetime Alimony?

New York State recently reformed many aspects of its Domestic Relations Law, including rules for permanent alimony. The new law creates an advisory schedule for the duration of permanent alimony based on the length of the marriage: From 0 up to and including 15 years — Alimony may last anywhere from 15 percent to 30 percent of the marriage’s length.…

Can My Divorce Take Longer than My Temporary Support Order Lasts?

A dependent spouse in a divorce action is generally entitled to temporary spousal maintenance, also called pendente lite alimony. However, since New York State reformed its alimony laws, courts have been asked to give greater scrutiny to how much alimony is awarded and for how long. Traditionally, temporary spousal support has run until the court issued a final divorce decree…

Can I Get a Reduction in My Child Support Obligations While My Child’s in College?

Many noncustodial parents wonder whether they can get a break in support payments when their child is away at college. The logic behind this request is that part of what the parent is paying in college expenses is for room and board, which the custodial parent is not providing for perhaps nine months of the year.  However, courts have rarely…

Am I Legally Obligated to Pay My Child’s College Expenses?

Given the ever-skyrocketing costs of a college education, divorced parents often wonder whether they are legally obligated to pay college tuition for their children. In fact, New York is one state that does allow a court to order college tuition payments. Domestic Relations Law §240(1- b)(c)(7) states: (7) Where the court determines, having regard for the circumstances of the case and…

The Importance of Pendente Lite Alimony

If you are a dependent spouse in an irretrievably broken marriage, you may feel like you’re being held hostage. How can you file for divorce, let alone litigate a contentious fight over property and custody, when your spouse controls the finances? Fortunately, there is a way for you to get temporary alimony, known in New York law as pendente lite…

New 2016 Alimony/Maintenance Laws: Ladies and Gentlemen Start Your Divorces

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…

Why Couples Choose Prenuptial Agreements

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…