Post judgment maintenance is determined by considering a host of factors which affect the duration and amount of maintenance. The maintenance determination is very fact specific. Unlike child support, there is no presumptive calculation for post judgment maintenance (there is a formula for interim maintenance). Because there is no formula it is very important to…

Child support is generally calculated pursuant to a mathematical formula based on the number of children and the parent’s income. In certain cases, however, the child support formula is not applied because of other mitigating circumstances. You should consult with an attorney to determine whether the child support formula will apply to you.

No. New York has a no-fault statute which allows either party to seek a divorce if the marriage is irretrievably broken for a period of six months or more. While other forms of fault, such as adultery and abandonment remain available, the overwhelming majority of current actions are filed under the no-fault statute.

There is a presumption that the monied spouse pays counsel fees. The monied spouse is the spouse that earns more money. The ultimate division of counsel fees, however, depends on the relative incomes of the parties, and the assets to be divided in equitable distribution along with several other factors.

Separate property is property owned prior to the marriage, or acquired during the marriage by gift, inheritance, or personal injury settlements. Separate property must be kept separate, if you comingle separate property and marital property, or give the property to your spouse, the property may lose its separate property nature and become marital property subject…

Marital property includes all property acquired during the marriage through employment, investment or from any other source so long as the property is not separate property.

As part of the equitable distribution the court will determine the allocation of assets. Separate property is retained by the spouse owning the separate property. Marital property is equitably divided. While most cases involve an equal distribution of marital property, there are various reasons why one spouse will be awarded a disproportionate amount of the…

Custody is determined pursuant to the best interests of the child standard. This involves a determination of numerous factors such as which parent will do a better job raising the child, which parent has historically performed the majority of the child rearing, and which parent will foster a relationship with the other parent.