Divorce

Tax Reform’s Effect on Spousal Support

Posted on January 4, 2018

The Tax Cuts and Jobs Act of 2017, signed into law by President Trump on December 22, 2017, includes a change that will have a big effect on divorcing parties in the coming year. Beginning on January 1, 2019, spousal support, also known as maintenance or alimony, will no longer be deductible for tax purposes.… continue reading

No Eviction of Spouse While Divorce Action is Pending

Posted on December 18, 2017

On September 28, 2017, the Landord Tenant Part of the District Court, Nassau County, issued a decision staying a holdover action pending the resolution of a related divorce currently pending before the Supreme Court, because the property in question was potentially marital property subject to equitable distribution. Nabeela Bashir, the respondent in the holdover action,… continue reading

Court Ordered that No Child Support Be Paid By Either Party to the Other

Posted on January 12, 2015

On December 19, 2014, the New York Law Journal publishedA.H. v. G.H., NYLJ 1202706161142, at *1 (Sup., KI, Decided November 24, 2014). The Supreme Court, Kings County, resolved an interesting motion and cross-motion by declining to apply the standards contained in the Child Support Standards Act (CSSA) in determining temporary child support. Instead, due to… continue reading

New York Court States That Prenuptial Agreement is Valid Despite Contentions

Posted on December 22, 2014

On October 30, 2014, the New York Law Journal published Braha v. Braila. 53005/2013, NYLJ 1202674775399, at *1 (Sup., KI., Decided October 14, 2014). The Court in this matter held that a prenuptial agreement could not be set aside despite contentions that the parties never intended for it to be enforced and that they tore… continue reading

Noncustodial Parent Denied Child Support

Posted on May 6, 2013

On April 18, 2013, the Appellate Division, First Department, ruled in an appeal from the Supreme Court, New York County (Gesmer, J) and held that based on the plain language of the Child Support Standards Act, its legislative history, and its interpretation by the Court of Appeals, a custodial parent who has the child a… continue reading

Prenuptial Agreement Set Aside on Grounds of Fraud

Posted on March 19, 2013

On February 20, 2013, the Appellate Division, Second Department, unanimously affirmed the judgment of the Supreme Court, Nassau County (Bennet, J) and held in favor of the plaintiff and set aside the prenuptial agreement. The Court held that the plaintiff’s credible testimony as to the fraudulent inducement utilized by her husband, the defendant, to sign… continue reading

What Happens on Facebook, May Not Stay on Facebook

Posted on February 28, 2013

On February 14, 2013, the Appellate Division, Third Department, held in the Matter of Melody M. v. Robert M. that a father was entitled to sole legal custody of his three children when it was evinced that the mother, who initially had joint custody of the children, exhibited a lack of insight as to the… continue reading

Veteran Disability Benefits Not Subject to Equitable Distribution

Posted on February 5, 2013

On January 15, 2013, the Honorable Judge Catherine DiDomenico, of Supreme Court, Richmond County, held that veteran’s disability benefits for service in the United States Marine Corp completed eleven years prior to entrance into a marriage are separate property for the purposes of equitable distribution and maintenance. In this case, the husband was a veteran… continue reading

Divorce Easier with New York’s No-Fault Divorce Law

Posted on March 13, 2012

Has your spouse refused to agree to your request for a divorce? Under New York State law, effective October 13, 2010, you no longer need to establish fault to be granted a divorce. New York was the last state in the country to adopt no-fault divorce in 2010. No-fault divorce means that a couple need… continue reading

New Maintenance Rules Increase Temporary Support

Posted on December 2, 2011

In 2010, New York adopted a new system for calculating interim maintenance awards during divorce cases. Although adopted to facilitate the adoption of no-fault divorce, many matrimonial lawyers find the system confusing and potentially inequitable. Under the old system, judges used a “balancing act” to determine temporary maintenance by balancing a couple’s income and expense… continue reading