Property division could be one of the most complex and contentious issues you may face during a divorce. One factor that could significantly complicate this process is asset commingling. But what exactly is commingling, and how might it affect your divorce settlement?...
How does mediated divorce agreements benefit couples?
Divorce can be tough, but mediation offers a less hostile way for couples to end their marriage. In New York, mediated divorce agreements have strong legal power when done correctly. Knowing how state law treats these agreements helps couples make smart choices about...
When does inheritance become marital property in NY?
When you inherit something, you might assume it belongs solely to you. Generally, New York law treats inheritances, like gifts, as separate property. However, divorce can complicate this assumption. If you haven't kept your inheritance completely separate from marital...
How to address financial entanglements in high-stakes divorces
When couples choose to end their marriage, they will have to disentangle their financial connections. This process is especially complex in cases involving substantial assets or debts. If you find yourself in this situation in New York, understanding the basics can...
Determining your share of the pension during divorce
The New York Supreme Court considers retirement plans and pension benefits as marital property. As such, these accounts are subject to the state’s equitable division laws when you file for divorce. Courts divide the retirement assets fairly between you and your spouse...
Mediation can help family businesses survive divorce
When a divorce involves a family business, the consequences can go far beyond personal relationships. The way the company runs, its money and its future plans can all change. While many think courtroom battles are inevitable, private mediation offers a great...
How constitutional issues may affect your divorce
Most people often see divorce as personal, but it can also involve constitutional law. When constitutional questions come up in divorce cases, they can have significant effects on everyone involved. Here, we look at critical constitutional issues that might arise...
How reckless spending can impact your divorce settlement
When dividing marital property in divorce, New York follows the principle of equitable distribution. This means that, instead of splitting the property 50/50, the court considers a range of factors such as the length of the marriage, each spouse’s income and property...
How are international assets divided during a divorce?
Marital property includes all assets gained by either spouse during the marriage, regardless of ownership or location. In theory, New York state courts treat international assets like any other marital property. There should be an equitable distribution New York uses...
When is divorce mediation a better choice for your family?
Not all divorces need to go to court—and not just because it’s expensive. Litigation can raise tensions, and some spouses use it to punish their exes. Divorce trials are also time-consuming. They can leave the family in limbo, preventing them from starting a healthier...