While the term “prenuptial agreement” has made its way into mainstream vocabulary, many still look flummoxed by the term “postnup.” What is it and are you in need of one? A postnuptial agreement is structured like a prenup and bears similar terms, such as separate and marital property designations, specific maintenance provisions or waivers, estate […]
In sync with the current day, age, and New York City demographic, I have been doing a substantial amount of prenuptial agreements. The underlying dynamics and personalities are critical defining variables. One such dynamic that has recently been popping up in a nearly extreme and cartoonish manner is the “Puppet In Their Own Prenup!” or […]
One of the benefits of marriage is being able to file joint tax returns with a spouse. However, marriage brings a double-edged sword. On the one hand, spouses reap the benefit of being able to collectively have more money to live on if they’re drawing from the same pool during their marriage and maximizing their […]
How apropos is the expression, “Increased possessions, increased worries” or the lyrics to the song, “Mo’ Money Mo’ Problems” to high net worth divorces? In short, these are first world problems, but problems, nonetheless. The bigger and more intricate or complex the pie, the more moving parts there are to account for. The asset portfolio […]
During negotiations, people oftentimes have a hierarchy of what’s important to them. As a divorce attorney, you have to coach your clients to be wary of what they want versus what the other spouse wants to give them, because almost every scenario has its benefits and pitfalls. Consider these various potential Trojan Horses: Houses: Getting […]
Any experienced matrimonial attorney who straddles the litigation and mediation spheres can attest to the general misconception that mediation is calm, smooth sailing, and hunky dory, while court cases are vicious and adversarial. This most definitely is NOT the case! At times, during mediation, spouses can be at each other’s throats, while litigation cases may […]
The traditional “innocent until proven guilty” is often reversed in matrimonial cases. One side is intent on presenting the other side as some sort of shady character in order to gain an advantage. A lot of times, it’s used as a strategy, but the party making these accusations typically believes what they’re saying. For example: […]
Courtrooms are, for the most part, open to the public, and if you spend a day in a Supreme Court matrimonial part or Family Court courtroom, you will probably learn who is (allegedly) abusive, a dead beat, a drug addict or an alcoholic as the cases on the calendar are called one by one. Many […]
When a disorder, such as Borderline Personality Disorder, becomes well known and filters into mainstream vocabulary, all of a sudden, laymen are diagnosing each other with it at the drop of a hat. Obviously, a lot of divorcing couples paint their spouse with such labels, even though the person may simply not be handling the […]
Marriage is inherently deemed an economic partnership, according to the law, and upon its dissolution, the accumulated assets and interests are to be distributed on the basis of the economic needs and circumstances of the parties. Equitable distribution in New York is fact specific, and not a 50/50 split, like it is in the community […]
Men often voice that they feel they get the raw end of the stick during divorce, without a larger understanding of their situation. Generally, women are perceived as victims and sympathetic characters in divorce, both in the monetary and parenting realms. People often ask me if I am a female-or male-oriented attorney and which sex […]
The idea of a “sugar daddy” is very common and well-known: A “sugar daddy” is an older man who marries a younger woman and takes care of her. There is a similar, but lesser-known dynamic when the older marrying spouse is a woman. This dynamic has been referred to as the “nurse with a purse.” […]
On several occasions, I have been the incoming attorney where the client did not trust the attorney they initially retained, because they felt that attorney was in bed with their ex’s attorney, so to speak. They had observed the two attorneys — opposing counsel to one another on the given case — engage in overly friendly […]
There is a large demographic getting a lot of air time right now – those over 50 who are choosing to get divorced. Oftentimes, these couples have been married for many years, and now their youngest is about to go to college or move out of the house. Many of the couples in these “gray […]
There is often a misconception that many divorcing parties want to milk their spouse dry, leaving them to be a homeless bum in a cardboard box on the street. The overwhelming majority of divorcing parties that I’ve encountered do not fall into this category; many are scared and just want to know that, at the […]
“Home is where the heart is” is a lovely, flowery, figurative expression that surely makes sense and resonates. However, on a very fundamental level, home is made of bricks and mortar. It is the basic foundation of Maslow’s Hierarchy of Needs, where we can cohabitate and be physically protected from the external elements. Nearly all […]
In New York, there are enclaves of different traditional communities, including a strong Indian, Jewish, Muslim, Chinese and other Asian presence. There is also an amalgam of different religions, as people often have some sort of religious outline to their traditional backgrounds. Family law attorneys and mediators must be sensitive in their approach when handling […]
“’Til death do us part” may more aptly be phrased “I will follow you into the grave!” I’ve had a number of clients come to me that live in loveless, self-absorbed, and contentious marriages but manage to exist, having developed a certain understanding in their relationship, such as living in separate bedrooms. Many of these […]
