In a case of first impression, an appeals court sitting in New York County, has allowed a non-monied spouse to bring a challenge to set aside what is a standard clause in most prenuptial agreements where each of the parties to the agreement waives claims to have the other party pay their attorney's fee. This Appellate Division (the appeals court) … [Read more...]
High Net Worth Divorces
There is an expression that no good deed goes unpunished. When an individual is successful in his or her career, or has accumulated assets, those assets and/or the income stream from employment are subject to issues involving equitable distribution, child support and spousal maintenance in a divorce case. High net worth individuals often have real … [Read more...]
New York’s Alimony Laws Are Changing
In 2010, the State Legislature in New York passed laws with regard to temporary spousal maintenance which is more commonly referred to as alimony. Since then, many divorce and family law attorneys as well as Judges have been upset about these new laws. The temporary maintenance formula is intended to provide a greater level of consistency in all … [Read more...]
Happy Holidays: I Want a Divorce
Spouses, in unhappy marriages, often wait until the end of the year, after the holiday season, to decide to move forward with their divorces. This is especially true when the parties don't get along and the frustration between the spouses boils over related to get-togethers that go poorly at Christmas time. Spouses that are not happy in … [Read more...]
Wife Granted Change Of Venue To Suffolk County
Justice Matthew Cooper, sitting in Supreme Court, New York County, granted an application in the matter of Castaneda v. Castaneda, for a change in venue in a divorce proceeding from Manhattan to Suffolk County. The wife in this case brought an application claiming that the venueing of the case in Manhattan was improper. She resided in Suffolk … [Read more...]
Temporary Spousal Maintenance In New York
In October 2010, the State Legislature in New York enacted guidelines for calculating temporary spousal maintenance. The purpose of this new statute is to provide consistency in spousal maintenance awards by judges. The temporary maintenance law provides a formula by which the parties to a matrimonial lawsuit can determine what, if any, spousal … [Read more...]
Extreme Hardship The Standard To Suspend Maintenance (Alimony) Payments
Justice Dollinger, sitting in the Supreme Court in Monroe County, recently suspended a man's spousal maintenance (alimony) because he found it would be "an extreme hardship" for him to continue to make these payments. Justice Dollinger stated in his opinion in the matter of Platt v. Platt, 2012 N.Y. Slip Op. 51583(U), "[w]e debate 'extreme … [Read more...]
‘Genius’ Not Taken Into Account in Equitable Distribution
Judge Dregger, sitting in Manhattan Supreme Court, denied a very successful private equity firm executive from presenting evidence in a divorce case that he had "unique personality traits" prior to the marriage that allowed him to accumulate 450 million dollars in business assets during the thirty year term of his marriage. Justice Dregger, in her … [Read more...]
Halle Berry’s Custody Issues
Halle Berry was married to Gabriel Aubry. They have a daughter named Nahia. Halle Berry is an oscar winning actress. She has been engaged in a custody fight over her two year old daughter Nahia. Halle has dropped out of a broadway play due to custody issues. She had been scheduled to make her broadway debut in September. The play was called the … [Read more...]
Getting Divorced During an Economic Downturn
The financial crisis in the United States is causing tension within families. Financial problems can be the cause of a divorce. In most marriages the family home is the largest asset. The decline in home values over the past three or four years has resulted in many homes being worth less than the mortgages on them. Postponing Divorce Recent … [Read more...]
