Family Law Blog

Practical guidance on divorce, child custody, support, and New York family law — written by the attorneys at Aiello & DiFalco LLP.

February 6, 2026 Divorce

Can My Spouse Legally Track My Phone During a Divorce?

The tension of a divorce can sometimes lead people to make impulsive decisions. In an effort to gather evidence or keep tabs on a partner, one spouse might consider using technology to track the other’s location. However, in Garden City and throughout New York, digital surveillan…

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February 2, 2026 Divorce

Why High-Net-Worth Divorces Often Require Forensic Accountants

When a marriage ends in Garden City, or anywhere across New York, the process of dividing assets is rarely straightforward. However, for high-net-worth individuals, the financial stakes are significantly higher. In these cases, a standard review of bank statements is often insuff…

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January 8, 2026 Family Law

How Are Business Travel Schedules Handled in Co-Parenting Plans?

Co-parenting always requires communication and planning. As many divorced partners in Garden City know, however, things become more complicated when one or both parents have jobs that involve frequent or unpredictable travel. For many parents in Garden City, work-related travel i…

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January 5, 2026 Divorce

How to Financially Prepare for Divorce When You Work in Finance

Divorce brings financial questions for every family, but the process can be uniquely complex when one or both spouses work in finance. Compensation structures in banking, investment firms, hedge funds, fintech, trading, and private equity often involve bonuses, deferred compensat…

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December 10, 2025 Child Support

What the 2025 New York Child Support Adjustments Mean

Each year, New York updates certain financial thresholds that affect the calculation of child support. These figures help courts strike a balance between fairness, ensuring that children receive the support they need, while recognizing each parent’s financial situation.  In 2025,…

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December 8, 2025 Prenuptial Agreements

How Much Does a Prenuptial Agreement Cost in New York?

A prenuptial agreement, or “prenup,” is one of the most practical steps a couple can take before marriage, but many people hesitate because they’re unsure what it costs. In New York, the price of a prenuptial agreement (prenup) varies widely based on its complexity, the assets in…

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December 5, 2025 Child Support

How to Enforce a Child Support Order in New York

When a parent falls behind on child support, the effects can be immediate and stressful. Missed payments can disrupt a child’s stability and place an unfair financial burden on the custodial parent. Parents in Garden City often ask what steps they can take when the other parent d…

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December 1, 2025 Divorce

What Happens to Frozen Embryos in a Divorce?

Modern fertility treatments have helped many couples in Garden City and across New York build families through in vitro fertilization (IVF). But when a marriage ends, one deeply personal and legally complex question can arise: what happens to frozen embryos created during the rel…

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November 17, 2025 Prenuptial Agreements

Are Prenuptial Agreements Enforceable in New York?

Prenuptial agreements are often thought of as tools for celebrities or wealthy families, but in truth, they can benefit couples across the financial spectrum. For many in Garden City and throughout Long Island, a prenuptial agreement (prenup) offers clarity and peace of mind. The…

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November 10, 2025 Child Support

When Should You Get a Child Support Lawyer?

Not every child support matter requires a lawyer — but many do. Learn the situations where professional legal representation makes a real difference in the outcome for you and your children.

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November 10, 2025 Child Support

When to Get a Child Support Lawyer in Garden City

Child support is one of the most critical issues in family law, touching directly on both a child’s well-being and each parent’s financial security. In New York, the law sets clear guidelines, but every family’s situation is different. Parents in Garden City often ask, “When shou…

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November 6, 2025 Divorce

The Most Common Types of Divorce

Divorce is never a one-size-fits-all process. Every couple’s circumstances are different, and New York law recognizes that by offering several ways to end a marriage. Whether you live in Garden City or elsewhere on Long Island, it is helpful to understand the most common types of…

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November 3, 2025 Divorce

How Debts Are Split in a Divorce Under New York Law

When people think about divorce, the first questions usually involve property division, spousal support, or custody. But debts are just as much a part of the process as assets. From credit cards to mortgages, couples in Garden City often want to know how financial obligations wil…

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September 11, 2025 Divorce

Can a Divorce Be Reopened in New York?

Most people consider a divorce final once the judgment is signed. In many cases, it is. But under certain circumstances, a divorce case can be reopened—even in New York, where courts tend to favor finality. If you live in Garden City and believe your original divorce outcome was …

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September 9, 2025 Divorce

How Much Does Divorce Cost in New York?

Divorce is never just an emotional decision—it’s also a financial one. Between filing fees, attorney rates, and potential disputes over property or custody, the costs can quickly add up. For couples in Garden City and across Nassau County, understanding the cost of divorce in New…

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September 4, 2025 Divorce

Divorce Considerations for the Small Business Owner

Running a business is hard enough—add a divorce into the mix, and the pressure can feel overwhelming. For small business owners in Garden City and surrounding areas, a divorce isn’t just a personal matter—it can also threaten the company you’ve worked hard to build.  From ownersh…

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July 7, 2025 Child Custody

Can Child Custody Be Modified in Garden City?

Child custody agreements are designed to provide stability, but life doesn’t always go according to plan. When your family circumstances change, your custody arrangement may also need to change. Fortunately, New York law permits custody modifications under certain conditions. If …

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June 23, 2025 Prenuptial Agreements

Exploring Sunset Clauses in Prenups: What Happens After 10 Years?

When couples create a prenuptial agreement, they often want flexibility. One way to build that in is through a sunset clause, a provision that causes the contract (or parts of it) to expire after a certain period of time. But what actually happens when that day comes? If you’re w…

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June 16, 2025 Prenuptial Agreements

How Prenuptial Agreements Can Safeguard Retirement Savings

When people think about prenuptial agreements, they often picture luxury assets, family businesses, or large inheritances. However, one of the most valuable assets many people bring into a marriage, especially later in life, is their retirement savings. Whether you’re decades int…

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June 4, 2025 Prenuptial Agreements

The Role of Witnesses in Prenuptial Agreements: Do You Need Them?

A prenuptial agreement, or prenup, is more than a formality—it’s a legal contract that can shape your financial future. Whether you’re protecting family assets, planning for a second marriage, or simply creating clarity, it’s important to make sure your prenup holds up under New …

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June 2, 2025 Prenuptial Agreements

Can I Safeguard Future Earnings in a Prenuptial Agreement?

When you’re getting married, it’s natural to focus on the present—your relationship, your wedding, and your shared future. But for many professionals, entrepreneurs, and high-income earners, the future holds significant financial growth.  Whether you’re on track to make partner, …

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May 26, 2025 Prenuptial Agreements

How to Address Debt in Prenuptial Agreements

When most people think about prenuptial agreements, they picture discussions about who owns what, how property will be divided, or what happens to a business if the marriage ends. But there’s another side of the financial conversation that often matters just as much—debt. If you …

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May 19, 2025 Prenuptial Agreements

Lessons from High-Profile Prenups: What You Can Learn

When a celebrity’s divorce makes the news, it’s easy to focus on the drama. But behind the headlines are real legal issues that can apply to any couple, especially when it comes to prenuptial agreements.  Sometimes, the best lessons come from those with the most at stake. Here ar…

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May 12, 2025 Prenuptial Agreements

How Courts Determine Fairness in Prenuptial Agreements

You and your partner agreed to a prenup before the wedding. Now you’re wondering—will it actually hold up if it’s ever challenged in court? It’s a fair question and one we hear often at Aiello & DiFalco. The answer depends on how the agreement was made and whether a judge finds i…

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May 5, 2025 Prenuptial Agreements

How to Prepare for a Prenup Meeting with Your Lawyer

When you’re planning a wedding, there’s a lot to be excited about—celebrations, travel plans, family gatherings. But amid the fun, it’s also wise to have clear conversations about your future. For many couples in New York, that means sitting down to create a prenuptial agreement.…

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May 1, 2025 Prenuptial Agreements

How Millennials Are Redefining Prenuptial Agreements

It wasn’t long ago that prenuptial agreements were considered taboo—something only the wealthy or distrustful pursued. But times have changed. Today, more engaged couples are approaching marriage with open conversations about money, independence, and what it means to plan. Many o…

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April 28, 2025 Prenuptial Agreements

Non-Disclosure Agreements in New York Divorces

Divorce is often an intensely personal experience, yet in many cases, financial and personal details become part of public court records. This can be concerning, particularly for individuals with significant assets, business interests, or a public reputation. In New York, Non-Dis…

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April 21, 2025 Prenuptial Agreements

Can I Update a Prenuptial Agreement After Marriage?

Many couples sign prenuptial agreements before marriage to clarify financial rights and obligations. However, life circumstances change, and you may wonder if your prenuptial agreement can be updated after marriage.  In New York, prenuptial agreements can be modified after marria…

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April 14, 2025 Divorce

How is Unconscionability Proven in Divorce Cases?

In divorce cases, courts strive to ensure that marital agreements and settlements are fair and reasonable. However, when one party claims that an agreement is unconscionable, the court may intervene to determine if the terms are unjust. Unconscionability refers to a situation whe…

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April 7, 2025 Prenuptial Agreements

Do Prenups Override State Marital Property Laws?

A prenuptial agreement allows couples to set financial terms for their marriage and potential divorce. Many people wonder, however, whether a prenup overrides state marital property laws. The answer depends on the agreement’s terms, enforceability, and state-specific legal requir…

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April 1, 2025 Prenuptial Agreements

How to Discuss a Prenup Without Conflict

Imagine you’re happily engaged and planning a future together when the thought of a prenuptial agreement pops up. How do you bring up that conversation with your partner without awkwardness or hurt feelings?  Many couples fear that even mentioning a prenup could spoil the romance…

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March 17, 2025 Child Support

Child Support for Developmentally Disabled Adults in New York

Raising a child with developmental disabilities presents unique challenges, which often do not conclude when they turn 18. In cases where divorce is involved, many parents question whether child support can continue for a developmentally disabled adult. If you are facing child su…

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March 11, 2025 Divorce

A Guide to New York’s Equitable Distribution Laws

Dividing property during a divorce is one of the most important financial aspects of the process. In New York, marital property is divided according to the rules of equitable distribution. Unlike in community property states, where assets are split 50/50, New York’s approach aims…

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March 6, 2025 Divorce

Examples of Separate & Marital Property Under New York Law

When couples divorce, dividing marital assets is one of the most challenging parts of the process. Who gets the house? What happens to a retirement account? Does an inheritance need to be shared? In New York, the law classifies assets as marital or separate property, and that dis…

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March 3, 2025 Divorce

How Can I Protect My Life Insurance Policy During a Divorce?

Divorce affects many aspects of your financial life, including your life insurance policy. Whether you purchased coverage to protect your children, provide for your spouse, or secure outstanding debts, you likely have questions about what happens to your policy when your marriage…

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February 24, 2025 Child Custody

Can I Travel Out-of-State With My Child After Divorce?

Divorce brings changes for everyone involved, including children, as the parties transition from living under one roof to sharing custody in two separate households. Suddenly, parenting plans start to revolve around a fixed schedule and detailed rules that were not necessarily in…

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February 17, 2025 Divorce

Legal Implications of Divorcing While Pregnant

In New York, you can file for divorce based on several grounds. The most common is “irretrievable breakdown,” where the marriage has failed for at least six months. Other grounds include cruelty, abandonment, imprisonment, and adultery. New York requires at least one spouse to ha…

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February 11, 2025 Divorce

The Relationship Between Religion and Divorce

Divorce introduces a world of complicated emotions and challenges into the lives of spouses. Even a relatively amicable end of a marriage is fraught with difficult feelings, marking a significant life change for everyone involved. For many divorcing couples, the divorce only gets…

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February 6, 2025 Family Law

What Constitutes Contempt of Court in Family Law Issues?

Family law judges expect that the parties will follow their orders. The reality, of course, is that many individuals often fail to do so. If this happens, the party who is in violation could be facing contempt of court charges. Whether it’s for civil or criminal contempt, the pot…

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February 3, 2025 Divorce

Essential Documents To Prepare During Divorce

Divorce is a process that takes time and careful planning. A necessary step, and one that will continue throughout your divorce, is to organize a number of important documents. These records will help protect your rights and interests while keeping you prepared for the various st…

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January 20, 2025 Child Custody

Factors Considered During Child Custody Decisions in New York

Negotiating a child custody agreement is often the most difficult and important decision you will make while getting divorced. It’s not something you want to let the judge decide. And we doubt you want to try flipping a coin, asking a magic 8 ball, or doing  eeny, meeny, miny, mo…

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January 17, 2025 Divorce

What Affects the Asset Valuation Process in a Divorce?

When a couple gets divorced, they may have to divide the value of various assets they own as marital property. This process cannot be completed without an accurate assessment of the value of assets such as real estate, business ownership interests, and valuables like jewelry, art…

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January 14, 2025 Child Custody

Physical Custody vs. Legal Custody in New York

Until you are a parent yourself, you don’t really understand the immense responsibility of parenthood. The tiny human in your care needs food, diapers, a safe place to sleep, and a million other things to ensure their physical comfort. But they also require all the love and suppo…

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January 9, 2025 Divorce

How Can I Protect My Gifts in a Divorce?

If you’ve received gifts of cash, property, or heirlooms from family members or friends during your marriage, you may be worried about what could happen to those gifts if you decide to divorce. How do you protect your gifts from property division during a divorce? Understanding S…

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January 6, 2025 Divorce

How to Protect Your Inheritance During a Divorce

In New York, state law divides property into two categories during a divorce: marital and separate property. Marital property includes all assets and debts that either spouse acquires during the marriage. Both spouses own this property jointly, and it must be divided equitably in…

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January 2, 2025 Divorce

The Ins & Outs of the Discovery Process in a New York Divorce

Divorces in New York involve many complicated steps, and the discovery process is one of the most important. Discovery is the process during which both sides exchange evidence, clarify key facts, and sometimes have one or more parties submit to questioning under oath. Knowing wha…

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December 2, 2024 Child Custody

How to Ensure a Collaborative Parenting Plan For Christmas

Gone are the days when all you wanted for Christmas was an official Red Ryder carbine action two-hundred shot range model air rifle. Now that you are old enough to buy one for yourself (you swear you won’t shoot your eye out!), the things topping your holiday wish list are not so…

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November 21, 2024 Prenuptial Agreements

Protecting Intellectual Property

Prenuptial Agreements for Creatives and Innovators Intellectual property (IP) is a valuable asset for creatives and innovators—artists, writers, musicians, inventors, and entrepreneurs. Whether it’s a book, a painting, a patent, or a thriving business idea, these creations often …

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November 15, 2024 Divorce

5 Advantages of a Divorce Settlement over Litigation

Divorce is never easy, but how you handle it can significantly impact how stressful or time-consuming the process becomes. While litigation may seem like the only option for resolving disputes, many couples find that a divorce settlement is a far better path forward. Here are fiv…

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November 12, 2024 Divorce

How Long Do I Have to Be Married to Receive Alimony in New York?

Alimony, or spousal maintenance, is a financial arrangement in New York that helps support a spouse after divorce. The duration and amount of alimony depend on various factors, including the length of the marriage, each spouse’s financial situation, and the court’s discretion. He…

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November 8, 2024 Divorce

Can I Change My Child’s Last Name After a Divorce?

After a divorce, some parents may wish to change their child’s last name for various reasons, such as the custodial parent wanting the child to have the same surname as their new family. However, changing a child’s last name in New York requires following a legal process, and cou…

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November 6, 2024 Prenuptial Agreements

When Is a Good Time to Create a Prenuptial Agreement?

Marriage is a major life step, and while the focus is often on love and commitment, it’s also important to think about practical matters like finances. A prenuptial agreement (or “prenup”) is a legal tool that can help protect both parties in the event of divorce. But when is the…

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November 1, 2024 Divorce

Can Prenups Be Challenged in a Divorce?

A prenuptial agreement, or “prenup,” is a legal contract between two people before marriage. It’s designed to protect each person’s financial interests in the event of a divorce. While many believe a prenup is ironclad, that’s not always true. Under certain circumstances, prenupt…

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October 15, 2024 Prenuptial Agreements

Customizing Your Prenup: Clauses You Might Not Have Considered

Prenuptial agreements are valuable tools for couples who want to protect their assets and clarify financial responsibilities before marriage. While many think of prenups as simple documents that divide property, they can be customized to address many concerns, helping both partne…

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October 10, 2024 Divorce

Is Marital Property Divided 50-50?

Exploring New York’s Equitable Distribution Rules One of the most pressing concerns when couples divorce is how marital property will be divided. Many believe that assets will be split evenly, with each spouse receiving 50 percent. However, this is a common misconception, especia…

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October 8, 2024 Child Custody

Does Losing Your Job Affect Child Custody and Child Support?

Losing a job can be stressful and uncertain, especially when you have child custody and support obligations. Many parents worry about how unemployment might impact their existing custody arrangements or their ability to meet child support payments. It’s important to understand th…

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October 7, 2024 Child Support

What Happens If You Miss a Child Support Payment in New York

Child support payments are a critical responsibility for parents in New York, ensuring that children receive the financial support they need. Missing a payment might seem minor, but it can lead to significant legal and financial consequences. Understanding what happens when a pay…

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October 1, 2024 Child Custody

Co-Parenting Tips For Success During The School Year

Co-parenting during the school year can be both rewarding and challenging. As routines change and school responsibilities increase, parents must work together to create a supportive environment for their children. The school year brings demands, making effective co-parenting esse…

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September 23, 2024 Prenuptial Agreements

Business Protection in a Prenuptial Agreement

If you’re a business owner, you know how much work has gone into building your business and ensuring that it thrives. You wouldn’t do anything to put your business interests at unnecessary risk — but marriage can do exactly this.  Putting a prenuptial agreement in place is a sens…

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September 19, 2024 Divorce

Divorce When Substance Abuse Is Involved

Dealing with a spouse’s substance abuse places a huge strain on a marriage. Whether it becomes the primary reason for a divorce or simply acts as a compounding factor, it’s important to understand how substance abuse can impact your divorce outcome.  Hiring a divorce lawyer is al…

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September 16, 2024 Divorce

Are Antiques and Collectibles Considered in Asset Division?

Antiques and collectibles can be worth a considerable amount of money. If you’re a collector or have inherited family heirlooms and you’re facing a divorce, you’re probably wondering how these assets will be handled.  There’s no set answer for how high-value collections are divid…

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September 11, 2024 Child Custody

How to Preserve Privacy in High-Profile Divorces

Divorcing couples often prefer to keep the details of a divorce private. When couples are celebrities or high-profile individuals, keeping a divorce out of the public eye is often necessary for protecting the career, reputation, and finances of one or both spouses.  High-profile …

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September 6, 2024 Divorce

How Are Expensive Cars Divided in a Divorce?

Nearly everything you own gets divided up in a divorce, and that includes your vehicles. Whether you own a luxury car collection or a single antique vehicle, the question of which spouse gets to keep a costly automobile often leads to considerable conflict during divorce proceedi…

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August 21, 2024 Divorce

The True Cost of Divorce Litigation Explained

Most couples filing divorce petitions in New York anticipate litigation. They often assume that the disagreements that led to the breakdown of their marriage will carry over to their divorce. It is certainly possible that you or your spouse will contest at least some of the issue…

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August 16, 2024 Divorce

Understanding Legal Separation in New York

Broken marriages happen for many reasons, but in the end, the specifics do not matter. The reality is that the two spouses can no longer live with each other and need a solution that separates them with the least possible hassle. A divorce is often the result of a broken marriage…

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August 12, 2024 Divorce

Rental Properties and Airbnbs During a Divorce Proceeding

Short-term rental properties represent a significant source of income for many families. The largest online booking system, Airbnb, has over 7 million active listings for nearly 4 million hosts around the world. American Airbnb hosts earn an average of $14,000 annually from their…

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August 8, 2024 Child Support

Divorce and Special Needs Children: Challenges and Considerations

As a parent of a special needs child, your thoughts probably center around giving your child the life they deserve. But in many cases, stress and disagreements over your child’s needs can contribute to the breakdown of a marriage. According to some surveys, divorce and special ne…

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August 5, 2024 Divorce

The Role of Lifestyle Analysis in High-Net-Worth Divorces

When high-net-worth couples divorce, financial issues like property division and spousal maintenance can take center stage. Resolving these issues can require extensive testimony and financial analysis. One tool available to both parties in high-net-worth divorces is a lifestyle …

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August 1, 2024 Divorce

Will Jewelry Be Divided in a Divorce?

Jewelry can have economic and significant sentimental value. It might represent an important event in your life. You might even have family heirlooms passed down through the generations before you received them. To answer the question, jewelry might be divided in a divorce. Court…

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July 26, 2024 Divorce

Timeline of an Uncontested vs. Contested Divorce

When you’ve decided it’s time to pursue a divorce, there are certain steps you must take in anticipation. One of these steps is determining whether you should file a contested or uncontested divorce.  The type of divorce partially determines how long you can expect to engage in t…

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July 22, 2024 Divorce

What Cannot Be Included in a Prenuptial Agreement?

Prenuptial agreements can significantly help protect assets and create a roadmap in the event of a divorce in New York. Spouses of all ages and financial backgrounds can benefit greatly from these premarital agreements.  If you’re interested in creating a prenuptial agreement pri…

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July 17, 2024 Divorce

Are Off-Shore Accounts Divided During a Divorce?

Divorce cases can be challenging to navigate, especially when it’s a contentious or high-asset divorce. During your divorce, you must address many critical matters, including property division. To adequately divide your property, each spouse provides financial disclosures detaili…

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July 12, 2024 Divorce

Signs That You Might Need a Divorce

One of the toughest parts about divorce is knowing when the time has come to end the marriage. Each situation is different, but sometimes, there are telltale signs that indicate you should start thinking about seeking a divorce. If you’re considering filing for divorce, don’t wai…

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July 8, 2024 Divorce

Why Asset Valuation Has a Huge Impact in a Divorce

One of the most essential matters you’ll deal with during divorce is the distribution of property and assets. While a major topic in New York, it can also be one of the most challenging, especially in high-asset divorce cases. Part of the difficulty of property division is asset …

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July 2, 2024 Divorce

Protecting the Trust Fund During a Divorce

One of the most important matters you’ll address during your divorce is property and asset distribution. If you have a trust fund, you may wonder what happens to the trust and whether the assets in your trust are available for division. When you’re dealing with a divorce and have…

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June 20, 2024 Prenuptial Agreements

Prenuptial Agreement Drafting for Blended Families

When you bring two families together to form a blended family, the parties involved bring many interests to consider. One proposed method for navigating those interests is a prenuptial agreement.  Prenuptial agreements are effective at addressing the many concerns that arise when…

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June 18, 2024 Divorce

The Effect of a Divorce on Visa or Immigration Status

Going through a divorce can be difficult enough as is, but it is especially so when visas or immigration status are involved. If you’re concerned about how your divorce will affect your U.S. residency, it’s important to reach out and work with a divorce attorney who is well-verse…

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June 13, 2024 Divorce

How Are Collectibles Divided in a Divorce?

There are several important matters to handle during a divorce, including property division. However, dividing property, including collectibles, between spouses can be particularly challenging, especially when the two have certain attachments to their items. Fortunately, a skille…

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May 23, 2024 Divorce

The Process of Business Valuation Methods in Divorces

Many divorces involve one or both spouses having valuable business assets and interests. When this is the case, these assets and interests must be evaluated during the accounting of assets. As you might imagine, the processes and methods involved in business valuations are typica…

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May 22, 2024 Divorce

How a Lifestyle Analysis Determines Spousal Support

During a divorce, the courts work hard to ensure that each spouse enjoys a post-divorce standard of living comparable to the standard of living during the marriage. To do this, judges need hard evidence of each spouse’s lifestyle.  Although the Statement of Net Worth and other fi…

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May 14, 2024 Child Custody

What Happens in High-Conflict Custody Cases?

Child custody cases are frequently contentious matters. However, some divorces involving child custody issues are far more explosive than others.  These cases proceed down the same path as any other divorce or custody dispute. However, the high conflict involved can sometimes twe…

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May 8, 2024 Divorce

Why You Should Update Your Estate Plan After a Divorce

An estate plan puts you in the driver’s seat and allows you to set plans for the future of your estate. But what if something happens, such as a divorce, that causes that future to change? A divorce essentially rewrites your future, which means your estate plan likely needs updat…

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April 23, 2024 Divorce

How Is Mortgage Dealt With in a Divorce?

When a couple decides to divorce, there is no shortage of details to work out, both emotionally and financially. In New York, a mortgage is considered marital property, but it’s handled differently than other tangible pieces of property, such as a car or a boat.  A mortgage isn’t…

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April 17, 2024 Family Law

Negotiating Postnuptial Agreements: A Guide for Affluent Couples

Prenuptial contracts are not the only opportunity for spouses to protect their personal assets; postnuptial (postnup) agreements are contracts that are created after a couple marries, and they may include an outline of asset ownership in the case of divorce alongside the responsi…

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March 28, 2024 Divorce

The Role of Forensic Accountants in High Asset Divorces

The services of a forensic accountant aren’t always needed to settle a divorce, but couples with a large net worth or complex assets will benefit from working with a forensic accountant. Your divorce attorney will recommend working with a forensic accountant if they believe one i…

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March 21, 2024 Divorce

Protecting Intellectual Property Rights in Divorce Settlements

New York divorce law consistently seeks to keep up with social and technological changes that affect modern life. The laws regarding intellectual property (IP) are one such example. Intellectual property includes a variety of assets, including trademarks, copyright, and trade sec…

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March 15, 2024 Prenuptial Agreements

What Clauses Can Be Included in a Prenuptial Agreement?

Prenuptial agreements, also known as prenups, are essential for protecting your personal assets in the event of a divorce. However, a prenup is only useful if it offers adequate protection for your unique circumstances.  Prenups are highly flexible and can be tailored to suit the…

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March 8, 2024 Divorce

College Savings Account During a Divorce

Many couples set up a college savings account with the intention of planning for their child’s higher education expenses. However, once a couple decides to divorce, the assets in that account need to be addressed.  Couples often forget to consider college savings accounts during …

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March 5, 2024 Child Support

What Isn’t Included In Child Support Payments?

Parents have an obligation to continue financial support for their children regardless of the status of their relationship. In the case of divorce or separation, one parent may be legally required to pay child support to help provide for the child’s needs.  Technically, child sup…

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February 28, 2024 Child Custody

Navigating Child Support and Custody in High-Income Divorces

Divorce rates fall as income increases. The rates level off at about $200,000 in combined income before rising again at about $600,000 in combined income. However, having a high income does not guarantee that your marriage will succeed. Some issues happen universally, regardless …

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February 24, 2024 Divorce

Real Estate and Divorce: Handling High-Value Property Division

If you’re considering divorce, you may have all sorts of questions. How much will it cost? How long should it take? Do you qualify for alimony? The list goes on. However, one of the biggest concerns most couples have is how high-value assets like real estate will be distributed. …

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February 21, 2024 Family Law

The Role of Evidence in Securing an Order of Protection

An order of protection is a valuable tool for stopping domestic violence. It tells your abuser to stay away from you. If they fail to do so, the police can arrest them for violating the order. Depending on the nature of the violation and whether they committed any additional crim…

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February 8, 2024 Divorce

Factors Influencing Spousal Maintenance Decisions

New York divorces do not automatically include spousal maintenance, also called alimony. Instead, the spouse seeking maintenance must show several factors to establish the right to spousal support and the amount they deserve. Factors Considered When Awarding Spousal Maintenance T…

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February 2, 2024 Divorce

Pre-Divorce Planning: Tips for Couples in the Finance Sector

Divorce affects couples in all industries and all income levels. Couples in the finance sector tend to divorce at a lower rate than many other professionals, like lawyers and business managers, but the differences are relatively small. Financial Issues to Consider Before Divorce …

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January 26, 2024 Child Support

Child Support Modifications: When and How to Make Changes

When your children are young, they need formula and diapers. Those expenses disappear as they age, and new ones, like school supplies and braces, replace them. However, while your minor children’s need for your financial support will not change as they grow, your financial situat…

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January 19, 2024 Divorce

The Collaborative Divorce Process: A Smoother Road to Separation

The traditional divorce process evokes images of partners who are angry with each other, litigating every issue they have with one another before a court. Each partner tries to gain a financial advantage over the other in an attempt to repay the other for perceived wrongs during …

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January 18, 2024 Divorce

Retirement Funds and Divorce: Protecting Your Financial Future

A divorce can affect your long-term financial security as much as it can impact your short-term outlook. You may be a long way from retiring when you and your spouse divorce, but how your retirement accounts are handled now can impact your future retirement plans. New York courts…

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January 3, 2024 Divorce

Tax Implications of a Divorce: What You Need to Know

Divorcing from your spouse brings a host of changes to your life and finances. Most immediately, the property you acquired while married to your partner will be split between the two of you. If you do not get primary custody of your children, your ability to see them and particip…

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December 21, 2023 Divorce

Concealing Assets During a Divorce

Going through a divorce affects you emotionally — and financially. A big point of contention for many couples during divorce proceedings is the division of financial assets and property.  If the divorce is not amicable, it’s not uncommon for one spouse to try to hide assets from …

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December 19, 2023 Divorce

Do I Wait to File for Divorce in the New Year?

Sometimes filing for divorce is the best step forward in a broken marriage. Your divorce attorney or therapist might even refer to it as the solution by dissolution. If you and your spouse cannot continue together, divorce allows both of you to move forward with your lives rather…

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December 19, 2023 Child Custody

Parenting Plans Over the Holidays: What Co-Parents Should Consider

The holidays do not feel the same when you cannot share them with your children. But when you share custody with another parent, you need to find ways to compromise over your parenting plans for the holidays. You should consider many practical, financial, and emotional factors. Y…

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December 15, 2023 Child Custody

Tax Considerations for Couples Who Are Separating

The process of separating takes a toll on you emotionally, but it also has a big impact on your finances, including your taxes. Divorce and taxes are inextricably linked, making it necessary to turn to a divorce attorney who can help you navigate the process. Learn more about wha…

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November 29, 2023 Divorce

NY Attorneys: Understanding the Statement of Net Worth

In any New York divorce, the court must make numerous decisions that can impact the finances of both parties. To make fair decisions in these matters, the court needs an accurate picture of your finances and those of your spouse.  The court obtains this picture through your State…

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November 16, 2023 Divorce

Divorce 101: The Divorce Process in New York

The decision to file for a divorce is never an easy one to make, and even when you know it’s the right thing to do, the divorce process can be emotionally and financially taxing; you may not even know where to start.  Some divorces are simple, but couples who have been married se…

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November 7, 2023 Divorce

Are Millennials Driving Down Divorce Rates?

Younger generations, like millennials, are sometimes looked upon by older generations as having little regard for traditional values and institutions. However, the institution of marriage appears to be one institution millennials are not casting off. Recent statistics show that m…

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October 18, 2023 Divorce

Filing First: Is There Any Benefit to Filing for Divorce First?

A divorce is a legal proceeding that wraps up all outstanding issues in the marriage before dissolving it. In many cases, both parties understand that the marriage has ended and divorce is necessary for both parties to move on. But in other cases, communication has broken down, a…

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October 4, 2023 Child Custody

Relocation Requests and Child Custody Agreements

Child-related matters are sensitive — the decisions that are made concerning children can change their lives. For this reason, the court does not take relocation requests lightly.  Moving with your child after a divorce requires court involvement, especially when there is an exis…

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September 13, 2023 Divorce

Preparing for a Divorce Before Telling Your Spouse

Initiating the divorce process can be challenging and overwhelming. There is no right or wrong way to do it, but one thing is for sure — you must inform your spouse of your intentions. Telling your spouse you’re planning to file for divorce can be difficult under any circumstance…

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September 6, 2023 Divorce

Top Mistakes that Couples Make During Divorce

The terms of a divorce have a lifelong impact on central matters like financial comfort and child custody. Even in the short term, divorce can lead to significantly greater costs and stress than it needs to.  If you’re planning to go through with a divorce, it’s essential to know…

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August 16, 2023 Divorce

Pets in Divorce: Who Gets Fido?

Emotions often run high in divorces. After all, they involve two individuals untangling their lives from one another. The things acquired together and experiences shared can be painful to separate from, which can lead to emotionally charged fights over who gets the home, where th…

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August 9, 2023 Divorce

Social Media and Divorce — Be Careful Not to Overshare

Social media use is as prevalent as ever, with seven out of ten Facebook users admitting to logging in and using the site every day. If you are a daily social media user, you may be accustomed to sharing special moments and big events with your family and friends online. However,…

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July 26, 2023 Divorce

Can I Relocate During Divorce Proceedings?

Life goes on, even during a divorce. After a marriage dissolves, one partner may want to move closer to extended family to help support or care for their children. Or, one partner may have a job offer to relocate to a city that they may not have been able to take when they were m…

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July 5, 2023 Divorce

Steps to Initiate Divorce Proceedings

All divorces are logistically, financially, and emotionally difficult. Often, divorce proceedings involve challenging emotions. Even amicable separations are not easy for those involved. No matter the circumstances in which you find yourself, it is critical to understand the step…

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June 28, 2023 Divorce

4 Reasons Why You Shouldn’t Represent Yourself in a Divorce

Even the most amicable divorces are complicated and emotional experiences. Two people who thought they would spend their lives together need to figure out how to disburse their assets and break up their marriage. It is further complicated by the fact that both marriage and divorc…

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June 21, 2023 Family Law

Can Text Messages Be Used as Evidence in Court?

In a contentious divorce or child custody case, one or both parties may use text messages from the other to establish unfit parenting or to support allegations of abuse or harassment. But are the text exchanges between two private individuals allowed to be used as evidence in New…

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June 14, 2023 Spousal Maintenance

Does Infidelity Affect Spousal Support?

Infidelity is one of the most commonly cited reasons for divorce. If you are going through a divorce after your spouse engaged in an extramarital affair, it is normal to feel uncertain about your financial future. For those facing a divorce in New York, you may wonder what the im…

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June 7, 2023 Prenuptial Agreements

Will Signing a Prenup Make Me More Likely to Divorce?

There is a common fear among people who have been asked to sign a prenuptial agreement. Most believe that signing a prenup will make them more likely to divorce. However, the good news is that there is little evidence that this is the case. Prenuptial agreements are widely misund…

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May 24, 2023 Divorce

Business Owner’s Divorce: Unique Challenges

No matter how you earn a living, divorce is a difficult financial, legal, and emotional process. But divorcing as a business owner presents distinctive challenges. When someone’s business is involved in the divorce process, many complex factors must be considered. To better under…

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May 17, 2023 Family Law

Digital Privacy Clauses in Prenuptial Agreements

In an increasingly digital world, modern technology has profoundly impacted legal matters. For example, social media, text messages, and browser history can all create damning evidence against an individual in court. With divorce proceedings in particular, digital evidence can qu…

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May 10, 2023 Divorce

What to Do with the Engagement Ring After a Divorce

No one expects to face the prospect of a divorce. But when you are getting a divorce, you may be unsure about what to do with your engagement ring. There are many options available for those who no longer need their engagement ring. It is important to explore your options and cho…

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May 3, 2023 Divorce

What Will Happen to My Credit Card Points in a Divorce?

Many credit cards offer users “points” as a method of rewards currency. These points can be earned when you use the line of credit for spending. But what will happen to the credit card points you have accrued if you go through a divorce? Even the most amicable divorce is an emoti…

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April 26, 2023 Divorce

Divorce Checklist: Steps to Take to File for Divorce

Deciding to file for divorce is an emotional and challenging decision. To help you navigate the process, we have created a comprehensive divorce checklist to ensure you take the necessary steps for a smooth and efficient experience. Following this guide can help reduce stress and…

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April 5, 2023 Divorce

Navigating a High Net Worth Divorce in New York

Navigating the divorce process in New York can be a daunting experience for any couple, whether as the party with more of the finances concerned about dividing their assets or as the party who is anxious about making sure they get what they are entitled to receive. The complexiti…

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March 29, 2023 Divorce

Can I Find Out if My Spouse Owns Cryptocurrency in a Divorce?

Cryptocurrency is a digital asset that has become a significant investment for many people across the country, including in New York. However, cryptocurrency can add complications to a divorce, particularly when it comes to dividing assets between divorcing spouses. In this blog,…

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March 22, 2023 Divorce

Should I See a Financial Advisor Before Filing for Divorce?

Regardless of the circumstances, divorce proceedings can take a financial and emotional toll on couples, especially when the process becomes tied up in lengthy legal disputes. While emotional support from friends and family is important, consulting with a financial advisor can be…

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March 15, 2023 Family Law

What Can I Do to Isolate My Money Before Marriage?

Marriage is an exciting and emotional journey that two people embark on together. However, it is also a legally binding contract that can have significant implications for both parties’ finances. At Aiello & DiFalco, we believe that protecting your financial interests is just as …

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February 22, 2023 Divorce

Divorce Litigation vs. Mediation: What’s Right for You?

The divorce process can be a stressful time for any New York couple. Court dates, financial paperwork, and child custody battles can make the process more difficult. In New York, couples have the option to go through mediation before going to court. However, direct litigation may…

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February 15, 2023 Divorce

Data Security and Privacy During a Divorce

Regardless of the circumstances, divorce proceedings can take a financial and emotional toll on couples, especially when the process becomes tied up in lengthy legal disputes. Emotional support from friends and family is important as you transition into a new chapter in life. Wit…

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February 8, 2023 Child Support

How Children’s Expenses Are Divided in a Divorce

Divorce can be particularly taxing for couples who share children. On top of complicated asset division, you and your spouse will need to make difficult decisions about the future of your children. New York law requires divorced parents to provide financial support for their chil…

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February 1, 2023 Divorce

How Can I Protect My Investments or Stock Portfolio in a Marriage?

Trading stocks is one of the most popular forms of investing. For many New Yorkers, the stock market significantly contributes to providing financial security. As such, if you’re thinking about marriage, you may be wondering how to protect your investments. The law views stocks a…

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January 25, 2023 Divorce

How Soon Can I Remarry After Divorce?

It’s not uncommon for a recently-divorced individual to want to remarry again soon after a divorce is finalized. In some cases, the desire to enter into a marriage with another may be the primary motivator for divorce. In others, a recently divorced person may meet a new partner …

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January 18, 2023 Divorce

The Ins and Outs of Grey Divorce

Divorce at any age can bring a whirlwind of emotions. When divorce occurs in the later years after a long-term marriage, it tends to be a decision that can be difficult emotionally — and also financially.  “Grey divorce” is a commonly used term that refers to ending a marriage wh…

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January 11, 2023 Divorce

Who Is Responsible for Paying the Attorneys Fees in a Divorce?

Many divorcing couples in New York assume that each spouse pays their own legal fees—but that’s not always the case. When a couple divides marital assets and negotiates the terms of their separation, courts may also consider whether one spouse should contribute to or fully cover …

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January 4, 2023 Divorce

Who Gets to Stay in the House During a Divorce?

From the beginning of a divorce, you’ll need to start making important decisions for yourself and your children. Determining which spouse can remain in the home during the divorce is one of the first decisions spouses must make. If spouses are amicable, it is possible to make the…

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December 21, 2022 Divorce

What Role Does Cheating Play in a New York Divorce Case?

Marriages head for divorce for several reasons, but one of the most common reasons is one of the parties is having an affair. Cheating not only produces emotional stress but can also affect a divorce case. Shockingly, cheating is considered “adultery”, which is actually a crime i…

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December 13, 2022 Divorce

Tips on Achieving an Amicable Divorce

While the divorce process is often taxing and challenging, it doesn’t always have to be. When spouses are open to working together, they can have a more amicable divorce and reach the end of their marriage in a kinder and friendlier way.  Our firm handles more amicable divorces t…

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December 8, 2022 Divorce

How Are Pensions and Retirement Assets Divided in a Divorce?

When a marriage ends, it is often difficult and emotional for everyone involved. However, one of the many decisions that need to be made is how to divide the retirement assets and pensions accumulated during the marriage. This can be a very complicated process, as several factors…

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December 2, 2022 Divorce

Unique Issues that Can Affect a Same-Sex Divorce

No two divorces are exactly alike, and this is equally true for same-sex couples. But while the general divorce process is the same for everyone, unique issues can arise during a same-sex divorce. Here are six of the most common: Division of Property For heterosexual couples, the…

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November 22, 2022 Divorce

Types of Property Distribution Issues that Can Arise in a Divorce

In New York, marital property is divided under “equitable distribution” statutes. This means that courts divide property equitably which does not always mean equally. New York judges will consider a number of factors to determine how the marital property is divided. In some circu…

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November 18, 2022 Divorce

How Long Does the Divorce Process Take?

For anyone considering divorce in New York, one of the first questions is how long will it take to get divorced. Divorce proceedings can vary greatly depending on any shared assets, finances, children, disagreements, and other variables between a couple. No two divorces are exact…

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November 9, 2022 Divorce

How Are Stock Options or Stock Units Divided in a Divorce?

Dividing marital assets in a divorce can be challenging, particularly when those assets include stock options and stock units. By working with an experienced divorce attorney, you can achieve a fair distribution and protect your financial future.  What Is the Difference Between S…

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November 3, 2022 Divorce

Can I Date While Going through a Divorce?

For many New Yorkers, ending a marriage eventually means starting a new relationship. It’s not uncommon for recently divorced people to start a new chapter in their lives by dating. While many states across the country frown heavily upon spouses who date while a divorce is pendin…

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October 22, 2022 Divorce

What Determines Who Pays the Legal Fees in a Divorce?

A common issue in many New York divorce cases is determining how legal fees are paid. Even in an uncontested divorce, divorcing from your spouse can be a major expense. This is why New York law is designed to provide relief for spouses who may be at a financial disadvantage.  Cou…

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September 20, 2022 Child Support

Risks You Can Face for Not Paying Alimony

Alimony can be even less popular than child support to those who are ordered to pay it by the court. But just like child support, there can be consequences for failing to pay alimony. These consequences can range from penalties, suspension of licenses, and even the possibility of…

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September 14, 2022 Child Custody

Child Custody Cases Involving Mental Health Issues

One of the fundamental rights of parenthood is the right to parent your child. This includes not only being able to spend time with your child but also participating in child-rearing decisions.  As a parent, you and your co-parent decide where your child goes to school, what reli…

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August 29, 2022 Divorce

What to Look for in a New York Divorce Mediator

Divorce is always stressful, no matter who you are (or who you’re divorcing!). It’s essential to make sure you have an exceptional, experienced divorce mediator.  When spouses begin discussing the possibility of a divorce, many consider mediation as an alternative to a high-confl…

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August 22, 2022 Child Custody

Can I Get Full Custody of the Children?

Lots of people initially insist that they want full custody. Custody is not a completely binary option where either parent has “full” custody. Custody can best be understood as a spectrum of options involving legal decision-making custody, physical/residential custody, and parent…

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August 11, 2022 Family Law

Can I Obtain an Order of Protection?

Domestic violence can include a physical assault, controlling, harassing behavior, financial and other abuse. If you fear for your safety or the safety of your children, you may need to seek an order of protection to keep yourself and your children safe from the offending party. …

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July 18, 2022 Divorce

Separation Agreement vs. Divorce Agreement

Breakups are hard. Whether you’re separating or divorcing, it can feel overwhelming—emotionally, legally, and financially. Many people aren’t ready to jump straight into a divorce and want to explore other options. That’s where a separation agreement may come in. In New York, cou…

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July 9, 2022 Divorce

Are Prenuptial Agreements Only For The Wealthy?

Marriage is an economic partnership. Most people would not go into a new business partnership without clearly outlining the financial terms to protect themselves if the partnership does not work out.  Although prenuptial agreements sometimes have a stigma of being associated with…

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June 23, 2022 Child Custody

How to Prove that a Parent Is Unfit to Share Custody

Your child custody arrangement can have a significant impact on your child’s life. Ideally, both parents share custody of their child. Joint custody is typically most beneficial for the child where two parents are able to work together and raise the child even though their relati…

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June 19, 2022 Child Custody

How Does Shared 50/50 Custody Work?

Child custody is not one size fits all, as there are many different types of custody arrangements possible. 50/50 custody is one of the most common types of arrangements, as it can give the child quality time with both parents equally.  If you or the other parent are pursuing 50/…

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June 15, 2022 Divorce

Bitcoin and Cryptocurrency in Divorce Cases

Cryptocurrency is becoming increasingly popular, making it more common in divorces. However, because cryptocurrency is still relatively new and unknown to many, it can add a layer of complication to a divorce case. If either spouse is involved with cryptocurrency, it is essential…

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June 13, 2022 Child Custody

At What Age Can a Child Decide Which Parent to Live With?

Deciding who gets custody of a child is often a life-altering decision. The court will consider many factors when determining a suitable custody arrangement for the child and the parents.  In some cases, the judge may consider a child’s preferences when making the decision. Howev…

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May 24, 2022 Divorce

Who Gets to Keep the Engagement Ring?

Who gets to keep the engagement ring after a couple decides to divorce? You would think there would be a simple answer to this question because it was a gift from one person to another. So the gift receiver should keep the ring, right? Not so fast. As with many issues related to …

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May 11, 2022 Divorce

If I Move Out, Is It Considered Abandonment?

Deciding to move out of the marital home during separation or divorce can raise concerns about abandonment and how it may affect legal proceedings. Many spouses worry that leaving the family home could harm their case regarding property division, child custody, or spousal support…

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April 14, 2022 Divorce

High-Net-Worth Divorce

Handling a high-net-worth divorce in New York requires experience and a solid understanding of complex financial issues. Ascertaining the value and relevant contributions to multiple properties, investments, business interests, and numerous accounts can complicate the distributio…

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April 7, 2022 Divorce

How to Prepare Your Finances for a Potential Divorce

Marriage is an economic partnership and divorce involves the untangling of the partnership. Besides custody and parenting issues, most aspects of a divorce relate to financial issues. Understanding your financial circumstances is critical to being prepared for a divorce.  There a…

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December 17, 2021 Divorce

How Is Spousal Maintenance (Alimony) Determined?

Spousal maintenance, spousal support, and alimony all refer to the same concept. When a couple divorces or separates, the parties will often have a disparity in economic situations. A court can order spousal maintenance so each person can meet their expenses each month. Here are …

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December 7, 2021 Family Law

Father’s Rights: How Do I Protect My Rights as a Dad?

Under New York law and the U.S. Constitution, fathers and mothers have equal legal rights. Both parents stand on equal footing in the eyes of the court. Here are some suggestions about how to use that principle of equality to protect your rights as a dad. Establishing Parental Ri…

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November 18, 2021 Divorce

Can Husbands Receive Spousal Maintenance (Alimony)?

If you are facing a potential divorce, you may be entitled to spousal maintenance (alimony). Many people are curious about whether a husband may be entitled to spousal support. Husbands in New York can receive spousal support just like wives when applicable based on the parties’ …

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November 9, 2021 Child Support

How to Enforce Child Support Awards & Potential Penalties

Child support is the obligation of both parents, but it is the non-custodial parent who is required to pay the custodial parent a certain amount each month (or on a more frequent basis depending on parties’ pay schedules). Child support is intended to meet the needs of the child …

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Attorney Advertising. The information in these articles is for general informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by reading this blog. Laws change frequently — always consult with a qualified attorney regarding your specific situation.

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