Category Archives: Uncategorised

Tax Bill To Make Divorce More Expensive: Maintenance Not Tax Deductible

Hard to believe, divorce in New York may get even more expensive. The tax bill proposed in the House of Representatives, last week, seeks to eliminate the deduction for alimony payments. The new tax law attempts to eliminate what has been called a “divorce subsidy.” Under the existing law, the party paying alimony may deduct…
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What is a Prenuptial Agreement? Do I Need One?

The Fundamentals of a New York Prenup Signing a prenup isn’t just for celebrity couples, serial spouses, and the wealthy. A well drafted New York prenuptial agreement can protect both the husband and wife, even if they are of limited means. A prenuptial agreement can not only make a divorce less acrimonious, but it can safeguard…
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Film Provides Fodder for Paternity Discussion with Manhattan Backdrop

Determining who a child’s father is hard on everyone involved. It’s not exactly a leading storyline for the silver screen. But a recent movie called “Don’t Worry Baby” provides a framework for discussion of the important issue of child paternity. The story takes place in Manhattan. A fashion designer mother who had taken a hiatus…
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9 Strange Reasons You May Be Destined For Divorce

Half of all marriages will end in divorce.  You would think that most divorces occur for the obvious reasons, financial woes, incompatibility, or infidelity.   But according to a recent article in Prevention Magazine, your divorce may have been caused by something else, something strange and surprising. Your commute is too long. If you have a…
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A Torn Up Pre Nup Is Still Valid

A pre-nuptial agreement torn in pieces and thrown off the honeymoon cruise ship is enforceable so ruled a Brooklyn judge. In a rather unusual case, as detailed in the New York Post  the couple entered in a pre-nuptial agreement which limited the wife’s right to maintenance and equitable distribution of the parties’ property. The husband, the…
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How Do I Transfer The Marital Home To My Spouse in a Divorce?

A reader of the New York Times Ask Real Estate column asked, how do I transfer my cooperative apartment to my soon to be ex as part of my divorce settlement. A transfer of title of the jointly owned martial home from spouse to the other is one of the two possible outcomes for real…
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Federal Appeals Court Declares DOMA Unconstitutional

The U.S. Court of Appeals for the Second Circuit affirmed a New York federal court’s decision, and struck down the Defense of Marriage Act (DOMA).  DOMA is the federal law which defines marriage as between one man and one woman for federal purposes. In striking down the law, the Second Circuit applied a heightened scrutiny…
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Divorce and Infidelity at Historic Lows

As a result of the economy, the divorce rate is at a historical low according to the Wall Street Journal.  The divorce rate per 1,000 married women sank to 16.4 in 2009 from 16.9 the year before and a far cry from 22.6 in 1980, according to an analysis of the data from the National…
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