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Renegotiating a Prenuptial Agreement

Renegotiating a Prenuptial Agreement

If you and your spouse entered into a prenuptial or premarital agreement, you might feel confident that you are both protected should you ever face divorce. A prenuptial agreement is an essential document for a couple with numerous, complex assets. However, a prenuptial agreement should not be the...

How Your Prenuptial Agreement Impacts What You Inherit

How Your Prenuptial Agreement Impacts What You Inherit

A prenuptial agreement determines your financial and property rights should you and your spouse ever get a divorce. However, your prenuptial agreement can actually have more broad implications than merely how you will divide your marital assets in the event of a divorce. A prenuptial agreement can...

Same-Sex Divorce and Asset Division

Same-Sex Divorce and Asset Division

An important and complex aspect of any divorce is the distribution of assets and debts the couple has accumulated. When the couple is a same-sex couple who have been together since before same sex marriage was legally recognized, this complex process becomes particularly convoluted especially if a...

Yours, Mine, and Ours: Complex Custody Arrangements

Yours, Mine, and Ours: Complex Custody Arrangements

Creating a fair parenting plan for custody of the children of your marriage is of the utmost priority in your divorce. Today, many families include half-siblings and step-siblings. You and your spouse may have children together, and you each may have children from previous relationships. It is also...

Why You Should Never Be Your Own Lawyer (Especially in Divorce)

Why You Should Never Be Your Own Lawyer (Especially in Divorce)

Halle Berry recently decided to represent herself in her divorce from Oliver Martinez. The couple married in 2013 and separated in 2015. News outlets reported their divorce was finalized in 2016. However, by 2018, it was reported that a final parenting plan had never been filed with the court. To...

Business Goodwill and Divorce

Business Goodwill and Divorce

Asset division is at the heart of the matter in the financial segment of a divorce. The distribution of marital assets between the spouses largely determines their financial stability and economic future.
Businesses are some of the most pivotal assets considered by the court. How those...

Double-Dipping and Business Valuation in a Divorce

Double-Dipping and Business Valuation in a Divorce

The division of assets in a divorce is crucial to the financial futures of the spouses. A fair division of assets is required under New York state equitable distribution law. For many couples, a professional license or practice (think doctor, lawyer, or dentist) or a business is a key asset in...

Business Buyouts and Divorce

Business Buyouts and Divorce

Divorce requires a detailed valuation of all of your assets, followed by a comprehensive division of the assets. Marital assets are divided in a way that is fair but necessarily equal because New York state uses the equitable distribution method of asset division. When you and your spouse own a...

Jolie-Pitt Case Highlights Potential Problems with Private Judges

Jolie-Pitt Case Highlights Potential Problems with Private Judges

Recently we talked about how private judges can offer a way to keep your divorce proceeding completely private. When you and your spouse retain a retired judge to act as an arbitrator for your divorce, your case becomes completely private--only the arbitrated settlement submitted to the state court...

Phantom and Imputed Income in Divorce

Phantom and Imputed Income in Divorce

Income plays a significant role in divorce proceedings. The parties' incomes are central to determinations about child support and spousal support (alimony). Complete financial disclosure is required as part of the divorce proceedings and this disclosure includes income. The court cannot set child...