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Transmutation and Commingling of Separate Property

Transmutation and Commingling of Separate Property

An important distinction in New York divorce law is the difference between separate property and marital property. Property that is determined to be separate is not divided as part of the divorce. Instead, it remains in the hands of the spouse who has ownership.
Marital property is property...

Divorce and Multi-Location Spouses

Divorce and Multi-Location Spouses

It is more common than ever before for couples and families to live in more than one place. Perhaps you have homes in several countries and divide your time amongst them. Or you may spend time at homes in two or more states. Another common scenario involves separation. You and your spouse may have...

Incapacitation or Death of a Spouse During A Divorce

Incapacitation or Death of a Spouse During A Divorce

They say nothing is certain other than death and taxes, but while taxes are definitely part of the divorce process, death normally is not. If your spouse dies or becomes incapacitated during your divorce case, it certainly changes your path forward. There are important considerations to keep in...

Managing Business and Charities Together After Divorce

Managing Business and Charities Together After Divorce

Bill and Melinda Gates’s divorce announcement was headline news with much attention about how they would divide their fortune. The couple has not disclosed the details of the asset division, but it is reported that Melinda French Gates could receive more than $62 billion. In addition to...

Cryptocurrency and Your Divorce

Cryptocurrency and Your Divorce

Cryptocurrency is a new type of currency. It is a digital asset that is bought, sold, and traded on specific online platforms. The value of cryptocurrency fluctuates and has an exchange rate just like other currencies. There are thousands of types of cryptocurrency, but the most popular and...

8 Planning Considerations in a New York Divorce

8 Planning Considerations in a New York Divorce

A high-stakes divorce is a complex proceeding. Due to the large number of assets involved at the end of the marriage, there are significant considerations you should take into account when planning for your divorce.
1. Understand Which Assets Are Subject to Division When you divorce, only...

Divorce and Debt

Divorce and Debt

When a couple divorces in New York, the court divides all of their marital assets as part of the property distribution. The court also divides marital debt. Some couples divorce with a significant amount of debt included in the divorce. The amount of debt assigned to you in the divorce...

Estate Documents After Divorce

Estate Documents After Divorce

While some may wait until after their divorce is final, there are some steps that should be in play before to protect yourself and your family even if they can’t be formalized until a later date. It is important to re-evaluation of your wills, trusts, health care proxies, and powers of...

Does How You Spend Money During Marriage Impact Your Divorce?

Does How You Spend Money During Marriage Impact Your Divorce?

Author Dan Brown’s wife thinks it does. Brown is the author of many popular novels, including The Da Vinci Code, which was also made into a Tom Hanks movie. Brown has earned millions from his successful books. He married his wife Blythe Brown in 1997 before he became successful (The Da Vinci...

Modifying Alimony After Divorce in New York

Modifying Alimony After Divorce in New York

If your divorce case included spousal support (sometimes called spousal maintenance or alimony), you might wonder if there will ever be an opportunity to change or modify the support order or if you can ever end the maintenance payments before the originally ordered completion date. New York state...