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Wife Given “Skin In The Game” By Having To Pay Her Own Interim Counsel Fees...
Mid-trial in a “high-end” matrimonial, it was held that the “monied” husband would not be required to continue to pay his wife’s continuing fees. Rather, in his October 10, 2013 decision in Sykes v....
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Automatic Orders, Violated During Divorce Action, Cannot Be Enforced After...
A spouse’s pre-divorce judgment death results in the unenforceablitity of divorce action orders, including the automatic orders mandated by Domestic Relations Law §236(B)(2)(b). As a result,...
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Husband Compelled to File Joint Tax Return?
Spouses can be compelled to file joint tax returns. Such was among the rulings made by Essex County Supreme Court Justice Robert J. Muller on a motion for pendente lite (temporary) relief made in his...
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It Just Became Tougher To Validate Prenuptial Agreements
The Second Department seems to have taken another bite out of prenuptial agreements. My March 25, 2013 post asked, Is it Open Season on Prenuptial Agreements? That post discussed the Second...
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Temporary Maintenance All But Denied to Wife Able to Work and Who Had Lived...
Is a wife entitled to formula temporary maintenance in a divorce action, merely because she is the less-monied spouse? No, says New York County Supreme Court Justice Matthew F. Cooper in his October...
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Temporary Maintenance Award Increased From $96 to Presumptively Correct...
In its February 18, 2015 decision in Dunleavy v. Dunleavy, the Second Department modified the order of Suffolk County Supreme Court Justice Carol Mackenzie by increasing the wife’s temporary...
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The Temporary Maintenance Formula And Home Carrying Costs
When one spouse is paying all the carrying costs of the home, it is appropriate to reduce the presumptive temporary maintenance formula award to the other spouse by half of those costs. So held the...
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Legislature Passes Spousal Maintenance (Alimony) Formula
On June 24, 2015, the New York State Senate passed Bill A7645-2015 relating to the duration and amount of temporary and post-divorce spousal maintenance. The bill passed the State Assembly on June...
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Pre-nup Upheld; Temporary Maintenance and Counsel Fees Increased on Appeal
In its August 19, 2015 decision in Hof v. Hof, the Second Department, almost matter-of-factly, addressed a number of pendente lite and pre-nuptial agreement issues. To begin, the Court affirmed the...
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Making It Tougher To Deviate From Presumptive Formulas on Temporary Support...
Going farther than simply holding that the lower court temporary support award was inadequate, the Appellate Division, Second Department, in its September, 2015, decision in Kaufman v. Kaufman,...
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The Burden At Trial to Change Temporary Custody Award; Counsel Fees Where...
In its December 14, 2016 decision in Piza v. Baez-Piza, the Appellate Division, Second Department, stated that a father was required to prove a change of circumstances before modifying a prior award of...
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Considering the Length of the Marriage and Other Factors on Temporary Support...
In addition to providing a guideline for the amount of a maintenance (alimony) award, New York’s relatively new maintenance (alimony) statute includes a presumptive range for the period of time...
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Do Temporary Support Awards Include Marital Residence Expenses?
Despite repeated efforts to bring predictability and consistency to temporary support awards, that goal remains elusive. Consider the December, 2017 decision of the Appellate Division, Third...
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It Just Became Tougher To Validate Prenuptial Agreements
The Second Department seems to have taken another bite out of prenuptial agreements. My March 25, 2013 post asked, Is it Open Season on Prenuptial Agreements? That post discussed the Second...
View ArticleClik here to view.
Temporary Maintenance All But Denied to Wife Able to Work and Who Had Lived...
Is a wife entitled to formula temporary maintenance in a divorce action, merely because she is the less-monied spouse? No, says New York County Supreme Court Justice Matthew F. Cooper in his October...
View ArticleClik here to view.
Temporary Maintenance Award Increased From $96 to Presumptively Correct...
In its February 18, 2015 decision in Dunleavy v. Dunleavy, the Second Department modified the order of Suffolk County Supreme Court Justice Carol Mackenzie by increasing the wife’s temporary...
View ArticleClik here to view.
The Temporary Maintenance Formula And Home Carrying Costs
When one spouse is paying all the carrying costs of the home, it is appropriate to reduce the presumptive temporary maintenance formula award to the other spouse by half of those costs. So held the...
View ArticleClik here to view.
Legislature Passes Spousal Maintenance (Alimony) Formula
On June 24, 2015, the New York State Senate passed Bill A7645-2015 relating to the duration and amount of temporary and post-divorce spousal maintenance. The bill passed the State Assembly on June...
View ArticleClik here to view.
Pre-nup Upheld; Temporary Maintenance and Counsel Fees Increased on Appeal
In its August 19, 2015 decision in Hof v. Hof, the Second Department, almost matter-of-factly, addressed a number of pendente lite and pre-nuptial agreement issues. To begin, the Court affirmed the...
View ArticleClik here to view.
Making It Tougher To Deviate From Presumptive Formulas on Temporary Support...
Going farther than simply holding that the lower court temporary support award was inadequate, the Appellate Division, Second Department, in its September, 2015, decision in Kaufman v. Kaufman,...
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