Category Archives: Spousal Maintenance

Does Cohabitation Terminate the Payment of Maintenance

While I took a short break from writing this blog, the Appellate Divisions have been very active, having decided several matrimonial cases of interest. In the next couple of posts, I will try to catch-up and discuss some of these recently decided cases. In Graev v. Graev, the First Department, sought to answer the question,…
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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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The Basics of Divorce and Taxes

The Oklahoma Family Law Blog highlights some of the basic tax concerns that need be considered in connection with divorce. • Alimony is taxable and deductible. The person who provides alimony can claim the payments as a deduction, while the person who receives it can avoid a large end-of-year tax bill by paying estimated taxes…
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What Effect does a Bankruptcy Filing Have on Child Support?

A bankruptcy filing does not discharge an obligation to pay child support.   To the contrary, since other debts are discharged, funds that might have been paid toward other debts can be freed up to pay child support. The Child Support Blog cites the recent case of  former NFL wide receiver André Rison to illustrate this…
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How to Prepare for Divorce- A Primer

Michael Sherman in The Alabama Family Law Blog started an excellent series of articles (seven so far) on preparing for divorce. Preparation is essential. Since one of the primary purposes of divorce is to divide the marital assets, you should be knowledgeable about your and your spouse’s income, assets and debts. If you are in the…
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Wives Paying Spousal Maintenance on the Rise

One product of women earning as much as or even more than men is that more wives are paying alimony (maintenance in New York) to their ex-husbands. Forbes Magazine reports that another by-product is that as men set their sights on women's earnings, women have become more protective of those dollars. In fact, according to the…
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Disregard Court Orders, Be Held in Contempt and Go To Jail

The New York Times spotlights Justice Robert A. Ross, a matrimonial judge on Long Island. Justice Ross has apparently earned a reputation for enforcing court orders and judgments by holding recalcitrant litigants in contempt of court and imprisoning them. Too often, when a party prevails in a divorce action, winning a judgment against their spouse,…
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Pre-nup Terms Motive for Britney Spears’ Divorce

There is much speculation on the web and in the blogs, for those who really care, that Britney Spears did not pick November 6 as the day to file for divorce from Kevin Federline by accident. She filed two years and one month from the day of her marriage, on Oct. 6, 2004. Her prenup,…
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