Category Archives: Property Division

Proof That Bad Conduct Hurts You in Your New York Divorce

“Don’t bite the hand that feeds you,” particularly if you are getting divorced in New York. While that seems like common sense, some parties resort to a scorched earth strategy to divorce; they want all the marital property and what they can’t get, they destroy. That questionable tactic backfired in a recent Manhattan divorce. In…
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The Marital Home During Divorce: Do I Stay or Do I Go?

The Clash asked the musical question: “Should I stay or should I go?" In the divorce context, the question often is,  “Should I move from the marital residence or do I tough it out and stay?”   In his article Should You Move Out  Of  The Marital Home? Learn From Divorce Attorneys, Not The Tabloids, Jeff…
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New York Maintenance Laws To Change: How Will Post Divorce Maintenance Be Determined?

The laws governing spousal maintenance in New York may be soon be changing.    The Law Revision Commission issued a recommendation that New York adopt a formula to determine not only temporary maintenance, but post divorce maintenance as well. Presently, New York courts only use a formula to award temporary maintenance.    Post divorce maintenance is generally based…
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New York Pre- Nuptial Agreement Upheld: How Would You Rule?

New York divorce courts will uphold unambiguous terms of a pre-nuptial agreement even if enforcing the agreement seems harsh. How would you decide this case if you were the judge? (I will try and hide the genders of the parties so you can impartially rule.) In a recent case, decided by a New York Appellate…
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What Happens to a Rental Apartment in a Divorce in New York?

For many New Yorkers, one of the issues they first consider when contemplating a divorce is what will happen to my rental apartment when we divorce? The issue is particularly acute when the apartment is a rare New York City rent controlled or rent stabilized apartment. That very issue recently confronted one New York couple…
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Mark Zuckerberg’s Wedding: A Case Study of Marital Property Rights

There are no coincidences when a net worth of  $17 billion dollars is at risk.   That is why it was no coincidence when Mark Zuckerberg waited until after Facebook's IPO to get married. When it comes to marital property rights, timing is everything.   Generally, whatever property a party owns or possesses prior to the marriage…
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Divorce and the Marital Residence: Should I Sell or Stay?

“Be careful what you wish for, you may get it.”  This adage is particularly true when one spouse seeks the marital home during a divorce. While the marital home may be the single most valuable asset of the marriage, it is also associated with debt, maintenance and other carrying costs; without sufficient income, the costs…
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10 Tips to Divorce Proof Your Business

For those whose marriage is in trouble or who are about to begin a divorce, a few strategies can help preserve a business. Once the divorce proceedings start, entrepreneurs won't likely be able to implement some other legal maneuvers that, if accomplished in happier times, could keep their business from landing in a soon-to-be ex's…
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