Category Archives: Divorce

Paying for Spousal Maintenance

A concern for many spouses, whether you’re the moneyed or less-moneyed spouse, is: how long do I have to pay or can I receive maintenance? There is temporary maintenance, and there is post-divorce maintenance. Temporary maintenance is paid during the course of an action. Post-divorce maintenance is awarded by a court in the determination, as […]

Taking Care of Your Inheritance Upon Divorce

Taking Care of Your Inheritance Upon Divorce If you receive an inheritance during your marriage, it may be your separate property. It will depend on how you held that inheritance after you received it. If it was a cash inheritance that you kept in a separate account under your name, and you did not deposit […]

Altering Your Life Insurance Beneficiary

Once an action for Divorce is commenced in New York, there are temporary orders put into place that prohibit conduct on the part of both parties. The conduct that is prohibited includes modifying a Life Insurance policy, such as changing the beneficiaries, modifying Health Insurance, or selling certain assets. If you’ve commenced an action for […]

Submitting the Proper Tax Return Form the Year You Get Divorced

A lot of people are concerned with the tax consequences of being Divorced, and whether or not they can file their tax returns jointly, as of the judgment of Divorce. The short answer to the question is that two people who are not Divorced yet, as of the end of the tax year, can still […]

Reworking Your Divorce Agreement

There are a number of circumstances under which a person may want to modify their Separation or Settlement Agreement relative to a Divorce. If two people can agree, they can certainly draft an addendum, which can be attached to your agreement and incorporated into your Divorce. Otherwise, you can go to a Supreme or Family […]

Using Your Spouse’s Health Insurance After Getting Divorced

Oftentimes, two spouses are concerned about the effects of a Divorce upon their Health Insurance coverage. The reason why is because a person’s eligibility for Health Insurance, as a spouse, will terminate upon a Divorce. For a spouse that is concerned about the high cost of obtaining a Health Insurance plan of their own, they […]

Contested Divorce Compared To Uncontested Divorce

In New York State, a Contested Divorce is a Divorce where the parties do not agree on all of the issues that need to be resolved for a Divorce to be finalized. Those issues include the basis for Divorce, child support and custody, division of assets, and spousal maintenance. If even one of those issues […]

Is a Separation Agreement Required to File for an Uncontested Divorce?

We are often confronted with a question from our clients as to whether or not they need an agreement to obtain a prompt, Uncontested Divorce. There is some confusion on this issue because parties describe this as a separation agreement. They will then tell us that they do not want to be separated, but want […]

Attorney Assistance with the Mediation Process

In my opinion, it is impossible for one Mediator or one Attorney to sit with both parties to fully and adequately explain their rights and obligations in the Divorce process. That being said, retaining an Attorney does not need to be as expensive as it would be if you were litigating. Also, it does not need […]

Continuing Life Insurance Upon Divorce

We are often asked about Life Insurance after Divorce. That is an issue that is raised in cases where there is going to be a stream of payments for equitable distribution, spousal maintenance, and child support. It is quite common for the court to order the provision of Life Insurance, if those payments are going […]