Bryan L. Salamone & Associates, P.C. 2026-10-15T13:12:43Z https://www.divorcelawyerlongisland.com/feed/atom/ WordPress /wp-content/uploads/sites/1304468/2026/04/cropped-favicon-salamone512-32x32.png On Behalf of Bryan L. Salamone & Associates, P.C. https://www.divorcelawyerlongisland.com/?p=48734 2026-09-02T14:23:09Z 2026-09-02T14:18:36Z

Postpartum depression frequently afflicts new mothers. Changes to a woman’s body after giving birth can lead to erratic moods, moments of anger and a feeling of hopelessness. The widely covered Lindsay Clancy case in Massachusetts, where a mother is on trial for killing her three children, has shed light on postpartum psychosis. This dangerous variant is much less common than standard postpartum depression, but either condition could present a danger to the new mother and others in her household. Megan Cliffel is a mental health advocate who says that she suffered from postpartum psychosis in 2015 after giving birth to her child in New York City. Fears about people hurting her children led her to punch her husband and threaten to go to the roof of their apartment building. Following a call from her husband to the police, Cliffel spent several days in a psychiatric facility, eventually getting the treatment and mediation she needed to overcome her postpartum illness. When a person in mental crisis engages in, or threatens, violence against family members, an order of protection might be warranted. In Family Court Article 8 proceedings, a judge can issue a Temporary Order of Protection ex parte (without the subject of the order present) on good cause. A Final Order might follow after a hearing if the petitioner proves a family offense (such as assault, menacing, harassment, stalking) by a preponderance of the evidence. Just because a woman is diagnosed with a postpartum depression or psychosis does not necessarily mean that the court will grant the petition for a protection order. Courts focus on conduct, credible threats and risk to a partner or children. A mental health diagnosis alone does not determine whether an Order of Protection issues. Many people with all types of problems are able to control their behavior with treatment and medication. However, evidence of acute symptoms, such as hallucinations or delusions, might support some type of order to avert the possibility of serious harm. Orders can require stay-away and no-contact provisions, exclusive use of the home, temporary custody/parenting restrictions and compliance with treatment. If postpartum illness or another mental condition has you concerned about your safety and the safety of others around you, consult experienced counsel immediately about whether an Order of Protection is a suitable option. Bryan L. Salamone and Associates P.C. assists Long Island residents with various family law concerns, including cases involving alleged domestic violence. To speak with an accomplished New York attorney, call us or contact us online today.]]> On Behalf of Bryan L. Salamone & Associates, P.C. https://www.divorcelawyerlongisland.com/?p=48733 2026-09-02T14:22:35Z 2026-09-02T14:15:00Z

The Massachusetts trial stemming from Lindsay Clancy’s shocking killing of her three children has drawn worldwide attention. While some people support Clancy’s defense that the tragedy was triggered by her severe postpartum mental illness, others believe that she is guilty of three murders. Though the Clancy matter is an extreme case, postpartum depression is fairly common, with researchers estimating that it affects about one in seven women after they give birth. Symptoms of postpartum depression can include mood swings, panic attacks, intense anger and a loss of interest in daily activities. Clancy claims to have been influenced by postpartum psychosis, which is rarer and more severe. However, even the milder condition can present risks to a youth under their mother’s care, and might justify a review of child custody terms. Under Domestic Relations Law § 240, a court shall not place a child in the custody of a parent who presents a substantial risk of harm to that child. Accordingly, New York judges consider a parent’s mental health when deciding what is in a son or daughter’s best interests. However, a mere diagnosis of postpartum depression or some other issue does not automatically lead to a restriction on parental rights. If you believe your co-parent might be capable of harming your child due to postpartum mental problems or some other condition, you should focus on specific behaviors that indicate a risk. Angry outbursts, withdrawal from basic parenting duties, engaging in inappropriate discussions with the children and other actions can justify a parenting plan modification. When a concern exists, judges may consider medical records, treatment compliance, expert testimony and a court-ordered forensic evaluation to inform their decision. Parents suffering from a chemical, emotional or psychological problem still have rights, and there usually are ways for them to maintain close bonds with their children while resolving their own issues. Supervised visitation and scheduled video conferencing are two options. Moreover, postpartum conditions and other mental problems can improve with treatment. New York courts often revisit restrictions as a parent stabilizes, demonstrating insight, adherence to care and a safe support plan. Whether you’re concerned about your ex’s postpartum illness or your parenting fitness is being questioned due to an alleged mental condition, you should contact a qualified attorney immediately. Bryan L. Salamone and Associates P.C. represents Long Island parents in child custody disputes and other New York family law proceedings. Please call or contact us online if a postpartum mental illness or a different type of condition might be affecting the well-being of your child.]]> by Bryan L. Salamone & Associates, P.C. https://www.divorcelawyerlongisland.com/?p=48602 2026-06-22T18:20:08Z 2026-06-19T18:00:29Z

When a high-asset divorce is approaching, some spouses attempt to decrease the value of their marital estate before the property division process begins. They might drain accounts, rack up debt, transfer assets or spend marital funds on a new romantic interest. Under New York's equitable distribution rules, courts can take the dissipation of marital assets into account and adjust the division of property accordingly to address the financial harm caused by a spouse's misconduct. In most cases, divorcing couples act in good faith. However, some husband and wives engage in a form of financial misconduct, called “dissipation.” This is the hiding or squandering of marital assets in order to reduce the value of the divisible marital estate.  There are many specific dissipation tactics that spouses use to gain an unfair advantage during the equitable distribution process, such as:

• Accruing large credit card balances for purchases that do not benefit their spouse
• Emptying joint checking or savings accounts
• Temporarily transferring assets to friends or relatives  
• Selling marital property for less than fair market value
• Spending marital funds on gambling, substance abuse, extramarital relationships or other purposes unrelated to the marriage

Dissipation frequently starts before the first divorce paperwork is filed. When someone knows the end of their marriage is on the horizon, they might start to spend aggressively, burning through income and savings or accruing large amounts of credit card debt. If a financial analysis shows that a spouse’s spending habits shifted dramatically in the timeframe leading up to a divorce or shortly after the filing,  the court can determine that the conduct was intentional dissipation. Allegations of dissipation generally require evidence showing when the spending occurred, how marital funds were used and why the expenditures were improper. Bank statements, credit card records, account transfers and other financial documents often play a critical role in proving a claim. In cases involving gambling, substance abuse or extramarital affairs, documentation is especially important. If one spouse concealed those activities and used marital resources to support them, the resulting expenditures may support a dissipation claim. The key issue is whether marital funds were purposefully used in a manner that unfairly reduced the value of the marital estate. Once a claim of dissipation is proven, the court may take several different actions. When dividing the marital debts, the spouse who ran up the credit cards may find themselves solely responsible for those bills. The spouse who wasted the couple’s savings may end up with a smaller share of any remaining assets. High-asset divorces are prone to allegations of dissipation, partially because it can be easier to obfuscate complex financial holdings and transactions. That makes it easier for one spouse to conceal wasteful spending or improper transfers. A skilled attorney can work with financial professionals, including forensic accountants, to identify financial irregularities, trace assets and pursue an equitable distribution of the marital estate under New York law.  Bryan L. Salamone and Associates P.C. has successfully handled dissipation claims in high-asset divorce cases throughout Nassau and Suffolk counties. You can make an appointment to discuss your issue by calling [nap_phone id="LOCAL-CT-NUMBER-1"] or contact us online.]]> by Bryan L. Salamone & Associates, P.C. https://www.divorcelawyerlongisland.com/?p=48601 2026-06-24T08:39:41Z 2026-06-15T17:54:59Z

Though divorce usually marks the end of a long, committed relationship, it also opens the door to new opportunities. While you might not be ready to find a new steady romantic partner, many divorced individuals achieve fulfillment by picking a new hobby or rekindling an old one. Whether you’re gardening, joining a pickleball group, learning to cook or doing something else, an avocation can be a great way to ease the transition to a different lifestyle. Online, there are numerous suggestions for both men and women looking for an outlet now that they have extra time. Several potential benefits are associated with post-divorce avocations, including:

• Structure and routine — Many people’s schedules revolve around activities they do with their spouse. On their own, a divorced man or woman might not be comfortable following the old routine. Taking classes, sticking to a fitness regimen and other scheduled activities keep people engaged and moving rather than sitting around wondering what to do. 
• Healthy distraction — Focused, hands-on pursuits interrupt negative thought cycles and stress. While you don’t want to avoid the emotion stemming from a divorce, intentional breaks give you a chance to focus on other things that you enjoy. 
• Skill-building and confidence — There are many ways in which ending a marriage can affect one’s self-image. Learning to do something new or increasing your proficiency in a certain skill bolsters your confidence and might add a new positive facet to your identity. In many cases, a hobby such as cooking or knitting enables you to share the results of your effort with others. 
• Social connection — Clubs, leagues and classes expand your circles beyond work and long-standing friend groups. Low-stakes interactions often lead to genuine community, and possibly a new relationship if you are ready for one. 

It might take several tries to find the hobby that best suits your situation and needs, but whether you end up painting, playing pickleball or joining a community theater group, a new pastime could become an essential element of a successful divorce.  Bryan L. Salamone and Associates P.C. provides comprehensive legal support to Long Island residents going through a divorce so that they thrive in the next chapter of their lives. You can schedule an initial consultation by calling [nap_phone id="LOCAL-CT-NUMBER-1"] or contact us online.]]> by Bryan L. Salamone & Associates, P.C. https://www.divorcelawyerlongisland.com/?p=48600 2026-06-24T08:40:01Z 2026-06-08T17:54:53Z

Whether you are going to be on an extended work trip or your child will be spending the summer living with your former partner, long-distance parenting can become difficult. Whatever the circumstances, if you and your child will be living apart for a while, it is wise to develop a “virtual visitation plan” in advance.  Creating an enforceable agreement is particularly important if your co-parent is not consistently reliable about adhering to the current parenting schedule. This can help parents and children remain part of each other’s lives despite physical distance. Virtual visitation generally relies on FaceTime or other video chat platforms. It may also include phone calls, texts and communications through social media. You can have a “watch party” on Netflix or play an online game together. There are a multitude of ways to stay in touch and activities to share online. The visitation is bound to go more smoothly, however, when there is a framework that spells out the details and establishes expectations. A virtual visitation plan should typically include details such as:

• How often the parent and child will communicate
• The acceptable times for communication (or times that are unacceptable)
• What method(s) will be used for virtual visitation
• Who will initiate the communication
• How much notice a parent has to give if they or the child must reschedule
• How soon the visit needs to be rescheduled if it has to be missed
• Whether the parent caring for the child at time of visitation will be present
• Whether the long-distance parent can communicate with the child outside of the scheduled visits
• Potential consequences if a parent repeatedly fails to follow the plan

Generally, older children and teens can manage these visitations on their own. Younger ones will require some parental supervision. However, the parents are still responsible for complying with the plan's terms. Including older children and teens in developing the virtual visitation plan can help ensure it fits their schedules.  This may seem like a lot of unnecessary detail if you and your co-parent have an amicable relationship. However, having a defined plan can create a reliable routine for your child and lessen the likelihood of conflict. Whether or not you choose to make the plan legally binding, an attorney’s guidance can help ensure that it is comprehensive and will meet your needs. Bryan L. Salamone and Associates P.C. represents Long Island parents in custody and visitation matters. You can make an appointment to discuss your issue by calling [nap_phone id="LOCAL-CT-NUMBER-1"] or contact us online.]]> by Bryan L. Salamone & Associates, P.C. https://www.divorcelawyerlongisland.com/?p=48599 2026-06-24T08:41:00Z 2026-06-01T17:54:47Z

Whether a couple got a prenuptial agreement before their wedding or not, drawing up a postnuptial agreement after some years of marriage can help them formalize property division and alimony terms in the event that they divorce. However, like a prenup, there is no reason why a postnuptial agreement should increase the likelihood of a breakup. If the marriage does end, a postnup can make the legal process more efficient, less combative and less costly. Many couples who put prenups in place before they get married never use them because they are happy in their relationship. Unless a sunset provision is included, a marital agreement does not expire. There are situations however where a prenuptial agreement might not be useful or enforceable because the terms no longer reflect a couple’s financial situation.  It is wise for couples to review their prenups occasionally, especially if their circumstances have changed or there is trouble in the marriage. The original agreement may need to be modified, like any other contract that has outlived its usefulness. Any agreement entered into after marriage – even if it’s a modification of an existing prenup – is considered a postnuptial agreement. You do not need to have had a prenup to draw up a postnup. Many couples without prior agreements put a postnup in place to protect themselves and their financial interests if there is a divorce. These documents can set forth which spouse owns particular assets, and how joint assets would be divided in a divorce. A postnup can also be used to address alimony in the event the marriage ends. Specific situations that frequently motivate couples to negotiate a postnup include the following:

• One spouse earns significantly more income than the other.
• One spouse stopped or cut back on working to be a stay-at-home parent or caregiver.
• A spouse received, or anticipates receiving, a large inheritance.
• One spouse has accrued a lot of debt on their own.
• One or both spouses own a business.
• One or both spouses have acquired other valuable assets during the marriage.
• One spouse has developed a disability or chronic illness that affects their ability to work. 

These are just some examples of factors that could affect spousal maintenance (alimony) and property distribution in a divorce. However, a postnup does not have to be a “pre-divorce” agreement. In fact, it is better to draw up a postnup while a relationship is healthy than to wait until divorce is on the horizon. In essence, a postnup acts like a financial security blanket, and that reassurance can ease tensions that might otherwise negatively affect a marriage. Just as with a prenup, each spouse needs to have their own individual legal representation when negotiating and executing a postnup. Bryan L. Salamone and Associates P.C. handles matters relating to prenuptial and postnuptial agreements for clients throughout Nassau and Suffolk counites. To discuss your particular New York family law concern, please call [nap_phone id="LOCAL-CT-NUMBER-1"] or contact us online.]]> by Bryan L. Salamone & Associates, P.C. https://www.divorcelawyerlongisland.com/?p=48598 2026-06-24T08:41:51Z 2026-05-25T17:54:31Z

Most New Yorkers going through a divorce hope to maintain their marital standard of living following the determination of any maintenance award and the equitable distribution of marital property. Whether that is possible can depend on factors including the length of the marriage, each spouse’s income and earning capacity, the assets available for distribution and the financial needs of both parties after the divorce. Under New York law, judges can consider the “standard of living of the parties established during the marriage” when determining maintenance, the state’s term for what many people call alimony or spousal support. The formula used in New York’s maintenance guideline is designed in part to help individuals who relied on their spouse’s income during the marriage to move forward without significant financial disruption.  Judges can also consider the following factors when evaluating a maintenance case where the income at issue exceeds the amount covered in the guideline or where an adjustment to the guideline result might be appropriate:

• Whether the spouse seeking alimony has experienced “reduced or lost earning capacity…as a result of having forgone or delayed education, training, employment or career opportunities during the marriage”
• Actions by the potential paying spouse “that have inhibited or continue to inhibit [the potential recipient’s] earning capacity or ability to obtain meaningful employment” (including domestic violence)
• The division of marital property among the spouses. New York follows the equitable distribution model, which means assets and debts are to be divided fairly and equitably, which may or may not be a 50-50 division.

It’s not just wealthy spouses who seek to maintain their marital standard of living. People who have been living a comfortable, middle-class lifestyle for decades, caring for the children and maintaining the home while their husband or wife worked full-time, could suffer severe consequences following an unfavorable divorce order. A judge determining whether to diverge from the guideline needs to consider the effect of the alimony obligation on the paying spouse. They can only be expected to help their ex maintain their standard of living if they can afford to do so without significantly diminishing their own standard of living. Whichever side of the alimony equation you are on, it is crucial to know the law, even if you and your spouse are working with your attorneys to negotiate the terms on your own. If you cannot agree, you will require a strong advocate to make an effective argument in court about your specific circumstances and the effect the decision will have on your standard of living.  Bryan L. Salamone and Associates P.C. is the Long Island divorce leader who is committed to protecting clients’ well-being during and after the New York marriage dissolution process. For a consultation, please call [nap_phone id="LOCAL-CT-NUMBER-1"] or contact us online.]]> by Bryan L. Salamone & Associates, P.C. https://www.divorcelawyerlongisland.com/?p=48597 2026-06-24T08:42:47Z 2026-05-18T17:39:33Z

New York courts have the authority to invalidate and set aside contracts that do not adhere to current legal standards, including prenuptial agreements. Prenuptial agreements are essentially marital contracts drafted by engaged couples who want protect their financial interests and avoid litigation if the marriage ends in divorce. While prenuptial agreements were once uncommon, they have become a relatively popular tool used by couples in a variety of circumstances. Spouses who have signed prenuptial agreements generally assume that they can pursue a streamlined, uncontested divorce. However, if there is a dispute about the validity of a prenuptial agreement, then litigation to review the marital contract can significantly extend the legal complexity and overall timeline. Some of the most common legal grounds for contesting a prenuptial agreement include the following:

• Unconscionable terms — An unconscionable agreement is a contract that is so unfair that it shocks the conscience. For a contract to be valid, each party must receive something of value.
• Signing under duress — Executing a prenuptial agreement must be a voluntary act. Credible claims of duress, possibly related to extreme financial hardship or medical issues that made access to a fiancé's health insurance critical, could undermine the validity of the agreement. 
• Signing without understanding the contents — Both parties need to understand the terms included in the document, which generally means they each need to have an attorney review it on their behalf.
• Signing without legal representation — A single attorney cannot properly prioritize the best interests of both spouses at the same time. Therefore, separate representation is important while negotiating terms or reviewing the language of a proposed prenuptial agreement.
• Illegal provisions in the document — If any provision in the contract is illegal, part or all of the prenup may ultimately be voided.

New York family courts generally try to empower divorcing couples by allowing them to set their own terms for marital agreements. Provided that the prenuptial agreement is valid and that neither spouse attempts to challenge the agreement in court, the terms previously set by the spouses can dictate how they divide their property, even if they diverge significantly from the state guidelines on property division and spousal maintenance.    If the courts invalidate a prenuptial agreement, however, then spouses may face a much lengthier, litigated divorce process. Having the right assistance while drafting or reviewing a prenuptial agreement can help individuals protect themselves when signing a contract that could have a profound impact on their financial future. Bryan L. Salamone and Associates P.C. advises Long Island residents on the negotiation and enforcement of prenuptial agreements. Reach out today if you have a question on this subject or another family law concern by calling [nap_phone id="LOCAL-CT-NUMBER-1"] or contact us online. ]]> by Bryan L. Salamone & Associates, P.C. https://www.divorcelawyerlongisland.com/?p=48596 2026-06-24T08:43:15Z 2026-05-11T17:39:28Z

A parental relocation when custody of minor children is shared almost always requires pre-approval by the court and careful adherence to legal procedures. Parents who want to move to accept a new job, develop a new relationship or tap into support systems provided by their extended family typically need either the consent of the other parent or approval from a family law judge. Unlike some states, New York does not have a relocation statute that imposes requirements on parents looking to move their child out of state or a specific number of miles away. Instead, most couples establish geographic restrictions for move-away scenarios in their custody arrangements. Clauses that require a parent to stay within a radius of 35 or 50 miles of their current residence, their former marital residence or the other parent’s home are relatively common. Other times, couples may agree that pre-approval is necessary for moves that take the children out of their current school district. Before any relocation, the custodial parent wishing to move must provide notice to the other parent about their plans. Typically, written notice must be provided 60 or more days in advance (as directed by the existing court order) to give the other parent sufficient time to respond with any objections. The written notice must also provide clear information about the timeline for the move, the new location and the reasons the move is necessary. If the parents can reach an agreement that allows the move to proceed, they can work cooperatively to complete an uncontested custody modification. If the parent who does not intend to relocate disagrees with either the move or the consequences that the move will have for their shared parenting or visitation, then the modification request is considered contested. The court will have to weigh in. In general, while relocations can lead to improved familial stability, higher household income or access to better resources for the children, every proposed custody modification has to serve the best interests of the children. Parents proposing relocations generally want to highlight the benefits the children may derive from the move, as well as the importance of maintaining their bond with the children. It is also critical to approach the court with a plan that will allow the other non-relocating parent to preserve their relationship with the child despite the move. Mistakes when providing official notice or preparing paperwork to request a modification hearing for a relocation dispute can undermine a parent’s chance of success and complicate their attempts to rebuild their lives after a divorce. Family law attorneys familiar with child custody matters can help parents review the existing custody order to determine what limitations may apply and adhere to the appropriate procedures for sending notice. If the matter does eventually require litigation, a child custody attorney can also help present the matter in a compelling fashion that prioritizes the issues that typically matter most to judges. Bryan L. Salamone and Associates P.C. offers experienced guidance for Long Island parents concerned about relocation requests and other custody modifications. Contact our New York firm today to schedule an initial consultation by calling [nap_phone id="LOCAL-CT-NUMBER-1"] or contact us online.]]> by Bryan L. Salamone & Associates, P.C. https://www.divorcelawyerlongisland.com/?p=48595 2026-06-24T08:44:55Z 2026-05-04T17:39:22Z

Divorcing business owners in New York often focus on the problem of dividing their business or professional practice according to the state’s equitable distribution rules, but a more subtle issue can create lasting financial harm: the risk of a “double dip.” In the absence of a prenuptial or postnuptial agreement that creates a carve-out, one spouse’s business – which was started, grown or supported during the marriage – may be at least partially marital property. Before each spouse’s share can be allotted, there usually must be a formal valuation process.  Calculating the fair market value of a company or professional practice requires an analysis of the organization itself, the market and other economic factors. There are numerous different valuation methods available, and selecting the right one can be a challenge. In some cases, the valuation method used includes future business revenue as part of the calculation process.  The problem arises when those same future earnings are then used again to calculate spousal support. This is known as a double dip. Essentially, the dependent, non-owner spouse benefits from the inclusion of future income in the business valuation when the marital property is divided, then seeks to use that same income stream as the basis for post-divorce maintenance payments. Factoring in the same income twice creates an unfair burden on the spouse who retains the business and eventually earns that income. Courts in New York have addressed double-dipping in various ways, but the issue is highly fact-specific. Whether a particular outcome is fair often depends on how the business was valued and how income is characterized for support purposes. For business owners, the key is to recognize the risk early. The valuation method selected can directly impact future support obligations, and once those numbers are set, it can be difficult to unwind the consequences. Other financial pitfalls for divorcing business owners may include the following:

• Failing to account for business asset depreciation
• Overestimating future revenue or growth projections
• Disagreeing on the separation of enterprise and personal goodwill
• Continuing to employ a spouse without clear contractual terms

Those hoping to maintain sole ownership of their companies or professional practices typically need guidance from the earliest stages of divorce onward. Complex divorces involving high-value resources, alimony requests and disputes about valuation make representation from an experienced attorney necessary. Bryan L. Salamone and Associates P.C. is the Long Island divorce leader because we help New York business owners and others anticipate the issues that could have a major impact on their marriage dissolution proceeding. To speak with an accomplished attorney, please call [nap_phone id="LOCAL-CT-NUMBER-1"] or contact us online.]]>