Category Archives: Separation Agreements

New York Pre-Nup: How To Get It Wrong

  Not only are we in the midst of the Spring and Summer wedding season, but we are also in prenuptial season. Prospective brides and grooms are accessing their financial futures, taking stock of their pre-marital assets and the debts and taking stock of their individual and joint economic futures. They are also looking for…
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10 Tax Tips for Divorce

Though we just turned the calendar page to February, April 15, the income tax filing deadline will soon be upon us.   John Eory in the New Jersey Law Blog offers a number of pointers about divorce and taxes, which I will take the liberty of quoting extensively: Alimony paid in accordance with a properly drafted…
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Eliminating the Risks of Separation for the “Un-Divorced”

Pamela Paul, in her New York Times article, The Un-Divorced, discusses the trend of couples separating, but not divorcing.   The primary reasons that parties remain married, but separated are the practical and financial, not familial. The effect of endless separations on the children rarely seems a priority. Perhaps the principle reason couples remain legally wed…
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What Makes an Agreement Between Spouses Unconscionable

Just because an agreement between spouses splits assets in an unequal or one-sided basis does not render the agreement unconscionable. It has long to the policy of courts to hold parties to the terms of their agreements. An agreement between spouses, which is fair on its face, will be enforced even if one party received…
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Health Insurance: A Consideration in Divorce

The New York Times ran a front page story detailing how the availability of medical insurance has become a major consideration in the decision to divorce or to wed. In a poll conducted this spring by the Kaiser Family Foundation, a health policy research group, 7 percent of adults said someone in their household had…
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Domestic Partnerships and the Continuation of Maintenance

Postings in two divorce and family law blogs highlight a growing conflict between the states on how to deal with a parties continuing obligation to pay alimony or maintenance, as it called in New York, if the former spouse enters into a domestic partnership. To frame the issue, what happens if you are obligated to…
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