Category Archives: Divorce

“Callous” Prenup Still Enforceable

Hardball negotiating and “callous” conduct leading up to the execution of a prenuptial agreement may not be the most romantic way to enter into a marriage, but it won’t be enough to invalidate a prenup, according to a recent New York court decision. A “Very High Burden” to Invalidate a New York Prenup As I…
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What Is an Annulment and How Do I Annul My Marriage in New York?

An annulment is a remedy to declare null and void a marriage not legal to begin with. In New York, annulment is available when: One spouse was legally married to someone else at the time (sometimes called bigamy) One of the spouses was under the age of consent (18) The couple is too closely related…
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12 Divorce Myths Busted

If you’ve never been through a divorce before, the realities of the process will understandably be unfamiliar to you. If you are considering divorce and trying to learn about how a New York divorce works, you may get advice or supposed facts from friends, family members, your hairstylist, or someone at the gym. There’s a…
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How Is Spousal Maintenance Calculated in New York?

  One of the most common questions I received since New York enacted maintenance guidelines is, “How is spousal maintenance calculated in New York?” Before January 25, 2016, maintenance was determined using a litany of factors, including the age of the parties, the length of their marriage, the parties’ income, their earning abilities and their…
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Your Ex and Your Social Security Benefits

Your divorce may be long behind you but if your golden years are right in front of you, your ex may be looking for a piece of your Social Security retirement benefits. Even if you have since remarried, your former spouse may be entitled to benefits based on your work record. In order to qualify…
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Seven Ways a Spouse Can Conceal Assets in a New York Divorce

Sadly, divorce often involves lies and deception. Although the parties in a New York divorce action are obligated to make full and complete disclosures of their assets and liabilities, it is not uncommon for one spouse to attempt to hide marital property. By hiding assets, one of the parties may attempt to keep those assets…
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