New York Family Law Blog

How is a business divided in divorce? “Determining the value”

A business is considered a marital asset when two important factors are applicable. The first consideration is if the business was developed and opened for operation after the marriage. Secondly, if the value of a pre-marriage business increased during the marriage. Either one of these factors subjects the family business to be distributed during a…

Continue Reading

Understanding spousal support and how it works in New York

The legal and binding responsibility to financially provide for one’s spouse is considered alimony. Other common and interchangeable terms include, ‘spousal support’ and ‘spousal maintenance’, but no matter the terminology, the motive and concept behind alimony remains the same. The aim of the courts is to find an agreement between the parties that results in…

Continue Reading

How is spousal maintenance determined?

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…

Continue Reading

How is child support determined?

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.

Continue Reading

Who pays counsel fees?

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.

Continue Reading
1 2 3