There’s no getting away from the fact that divorce on Long Island, NY impacts nearly every part of your and your family’s life. One of the most significant and potentially devastating, to one party or the other, or both, is the family’s finances.

There are many ways that divorce can change the financial situation of each party to the divorce. To manage these changes, and minimize the negative effects these changes can have, you need to take some steps to protect your resources immediately.

Of course, the first thing to do is to create a realistic budget that outlines your financial needs and how your monthly income can meet those needs. Looking beyond that, here are three key areas you should be prepared focus on in your post-divorce life:

Understand the Impact of Divorce on Your Taxes

Your tax situation is going to change significantly with a new filing status and, in many cases, a new tax bracket. If you have dependents, you and your ex must agree on who will claim them on their taxes or if you will alternate claiming them every other year. 

Now, during the year, make sure you update your withholdings on your paycheck to match what your financial obligations are more likely to be. If you are not able to claim dependents, you may benefit from increasing your withholdings to avoid a big tax bill later. 

Also, consider all dividends and stock sales, especially if these are a component of the divorce. You may face financial implications in some situations for capital gains with some of the investment properties you sell as a component of your divorce.

It’s important that you meet with an accountant now to create a plan for your taxes now before you’re surprised later.

Navigating Retirement Account Changes After Divorce

Retirement accounts can be a confusing component of divorce because they are all very different in terms of how they are taxed. Money added to retirement accounts during your marriage, as well as any pension plans that were built up during this time, are considered marital property and must be a consideration in the division of assets.

As a component of your divorce on Long Island, NY, you will need to determine if any changes must occur to split the assets, if you will keep your retirement account, and how you will utilize it moving forward.

It’s a good idea to make sure you’re planning for those changes immediately. If you have to take money out of your retirement account to help pay for divorce expenses or living expenses, there could be fines to pay, and it will impact your long-term savings. For these reasons, during your divorce negotiations, you may want to keep money in these accounts where they are and find another way to equitably distribute assets. Doing so can help reduce tax implications later and also help your retirement accounts to continue to grow.

What To Do About the Marital Residence After Divorce on Long Island, NY

One of the most impactful financial strategies you need to work out now is what happens to your marital home on Long Island, NY. While emotions are very difficult to separate from the decisions you will make based on your financial health, take into consideration the following:

• Do you have the means to continue to meet all of the financial obligations of the home? This includes all mortgage, tax, insurance, maintenance and repairs, and improvements over time.
• Would moving and selling the home allow you to create a new financial future for yourself without a significant mortgage burden? Could you sell the home and use the proceeds you receive to purchase a property that is a better option for you?
• Could a new home lower your monthly housing expenses enough to enable you to invest the proceeds of the marital residence home sale to help defray your other living expenses?
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• If you want to maintain the home and your spouse will leave, you may need to qualify for a new mortgage. This would allow you to refinance the loan into your name and use the proceeds from any available equity to pay off the ex. Will you have enough income and credit to qualify for an affordable mortgage?

Make sure that the decisions you make about the marital home are ones that makes sense to you financially now and for your future, not just based on your emotional ties to the property or your desire to remain in the home your children grew up in.

Other Financial Factors to Keep in Mind in Your Long Island, NY Divorce

There are numerous other factors to consider when it comes to creating a strong financial path forward. Keep these in mind:

• Know what your income is likely to be in the year or two to come. Do you need to have a plan to grow that income to meet your financial needs for the future?
• Consider your credit score. Is it high enough to enable you to borrow at a reasonable rate and term?
• Ensure you remove your ex from all credit cards and other loans you have.
• Update all insurance coverage with new beneficiaries and contact information.

Don’t overlook the costs associated with filing for divorce.

Put Our Team of Experienced Long Island, NY Divorce Attorneys to Work for You

At Hornberger Verbitsky, P.C., we know divorce is a huge financial change. Our team of experienced Long Island, NY divorce attorneys can help guide you into ways to protect your assets and your financial future. Call us now for a free case evaluation at 631-923-1910 or fill in the short form on this page and we’ll get right back to you.

When you decide to get divorced on Long Island, New York, you are will face many changes and new challenges in your life. While it might not be at the forefront of your mind during this difficult time, health insurance coverage is important to consider now and for your future.

In many marriages, one spouse depends on the other for health insurance – for instance, you or your partner may receive coverage through a plan offered by the other’s employer. So what happens to your health insurance in a divorce? When will these changes occur? Will you be required to provide coverage for your spouse? In this guide to health insurance after divorce, we will address these questions.

Health Insurance Coverage After Divorce on Long Island, New York

In many divorce proceedings, health insurance coverage can be a contentious issue. But the good news is some protections keep the rug from being pulled out from under your feet. While your divorce is pending, you will more than likely still be covered.

That is due to federal protections called automatic temporary restraining orders (ATROs). When one party files for divorce, ATROs take effect and prohibit either spouse from changing the beneficiaries listed on their health insurance policies. This protection encompasses a full range of health plans, including those from an employer, individual plans purchased via marketplace, and Medicaid.

Once the divorce is final, a spouse can then be removed from a health insurance plan. At that point, however, there are some options to ensure that you or your spouse retains the necessary coverage to meet your needs.

How to Get Health Insurance After a Long Island, NY Divorce

It is important to keep your health insurance up to date – if you do not have health insurance, you may be unable to see healthcare providers and specialists or receive your prescriptions at an affordable cost. After a divorce on Long Island, New York, you may lose health insurance. However, there are a few different ways to ensure your coverage remains stable.

One option is COBRA, a federal law that allows a divorced spouse to continue coverage under their former spouse’s plan for up to three years. The catch is that these benefits are not automatic. You must elect to partake in COBRA coverage within 60 days of the finalization of your divorce. If you miss this window, you will need to find alternate coverage.

While COBRA might seem like an attractive option, it is often quite expensive. For those without pre-existing conditions that raise health insurance premiums, it can be a better option to price shop on the open market in order to find a plan with more flexibility and lower costs.

One other common pathway is finding out if your employer offers group health insurance. You will have to report your change in marital status to your employer’s HR department. While your divorce finalization date may not fall in the open enrollment period for your company’s health insurance, a change in marital status will qualify you to enroll outside that period. If you are working after your divorce, employer-based health insurance can be an attractive option.

You can also assess whether you are qualified for Medicaid benefits. Medicaid is health insurance provided by the U.S. government to benefit low-income Americans. If you are going to lose health coverage due to your divorce, it may be worth considering a Medicaid application to determine your eligibility. Each state’s requirements are slightly different, but you can check your income eligibility on the New York Department of Health site.

Is Health Insurance Part of a Long Island, NY Divorce Settlement?

In some cases, health insurance coverage can be included in the terms of the divorce settlement. If both spouses have agreed or the judge has issued an order to this effect, one spouse may provide health insurance to the other for a stated period of time.

If you are preparing for a divorce and considering your healthcare options, an experienced divorce attorney can shed more light on your specific situation. Your attorney can help you determine whether your spouse will be required to provide for your health insurance during and after the divorce. Your attorney can also assist you with understanding COBRA benefits and what options you can expect to be available to you after your divorce is final.

Trust Hornberger Verbitsky, P.C. to Handle Health Insurance in Your Long Island, NY Divorce

We are experienced negotiators and litigators who can help you get the health insurance that you deserve. Contact us to learn more about your legal options or to book your free initial consultation to discuss your case in detail. Call now at 631-923-1910 or complete our short contact form, and we’ll get in touch with you to schedule your consultation.

Suddenly, and seemingly out of nowhere, one spouse decides to leave the other. It may seem like a shock to the other spouse and to the family, but that leaving spouse decides it’s time for the marriage to end, and as a result, they leave abruptly. Although it could be the husband or the wife leaving, this phenomenon is often called “walkway wife” syndrome.

It’s a term used to describe the situation in which one spouse feels neglected, perhaps alone, and often resentful at what is occurring in their life. Their marriage is deteriorating, and instead of trying to improve it, they decide to leave. Understanding what walkway wife syndrome is and how it can impact your divorce in Long Island, NY, is critical.

What Is Walkaway Wife Syndrome?

While it often seems sudden for the family left behind, for many of the people who walk away, walkaway wife syndrome doesn’t happen in just a day. It happens over a period of time, where the person simply cannot deal with the unresolved conflict or other stressor they’ve had to deal with for a long time. In some situations, it can occur quickly, such as when a person learns about infidelity, but often this is just a “last straw”.

Other times, it can develop over years before coming to a head in the filing for a divorce. At some point, for some reason, one party recognizes that there’s no hope of repairing their marriage and just leaves. Even though other people around this spouse may feel like it came out of nowhere, it’s rarely that simple.

There are often many signs leading up to this moment:

• The spouse has stopped complaining about the things that they always have. Those behaviors haven’t improved, but the spouse no longer mentions them.
• There’s less enjoyment present. Often, there is a lack of a sexual relationship. There are no more lighthearted conversations, and there seems to be more distance between you and your spouse.
• In some cases, the spouse will no longer have any interest in a relationship at all. They may focus heavily on work, children, or activities with others, not you.
• The spouse seems to be living their life without you as a component of it.
• There’s less talking and sometimes even less fighting, even though conflicts are not really improved.

If you suspect that there are marital concerns and do not want a divorce, this is a good time to take action. Meet with a marriage counselor or reach out to a couples therapy option that may work for your needs.

How Can Walkaway Wife Syndrome Impact Your Long Island, NY Divorce?

Typically, when this type of situation occurs, the other party has had a long time to think about the impact, including the emotional, physical, and even the overall financial changes that would come with a divorce. They have reconciled with themselves that those complications are better to deal with than remaining in the marriage.

You can fight the divorce, but often, it’s better to prepare yourself for what is to come. That means hiring your own experienced Long Island, NY divorce attorney to ensure that you are going to have fair and full representation throughout this process. If one spouse decides to seek a divorce, they have the legal right to do so. If they actually leave their home and family, then this can impact their ability to enter the home later. Marital abandonment is a serious concern.

If your spouse left your marriage abruptly and you’re not sure what to do, seek out an experienced divorce attorney who can offer one-on-one guidance and can work to protect your assets and preserve your right to your home and income.

What if you need to leave your marriage?

It’s very common for people, even those who may not have a career or full-time income outside of the home, to leave a marriage that makes them unhappy or creates an unsafe living environment. They worry about what could happen if they stay versus if they go. In these situations, we encourage you to take several steps.

• Meet with a divorce attorney. No one has to know you are doing so. Your privacy is fully protected. Your divorce attorney will never break your trust or expose your efforts.
• Consider your family’s mental health. Without a doubt, it’s best to prioritize your safety over anything else. Your attorney can offer guidance on how to do that.
• When the time is right, apply for divorce. Once you meet with your divorce attorney, you’ll gain insight into the legal options you have and can create a plan for the future.

No Matter Where You Stand, We Can Help You

Whether you are a spouse who wants to leave or have had a spouse suddenly leave you, empower and protect yourself with the help of our team of experienced Long Island, NY divorce attorneys. At Hornberger Verbitsky, P.C., we recognize the importance of providing you with a solid understanding of what your rights are. Contact us for a consultation to discuss those rights.

At Hornberger Verbitsky, P.C., we know that walkaway wife syndrome is a very real situation. No matter what you are facing, our divorce attorneys will guide you in achieving the best possible outcoming going forward. Contact us now by calling 631-923-1910 to learn your options and how we can help.

Going through the divorce process on Long Island, NY means making substantial changes to every component of your life. One area often overlooked in the fray of negotiating equitable distribution of assets (and debts), child custody, child support, alimony, etc. is the important benefit of health insurance. If you are reliant on your soon-to-be ex for health insurance, such as through an employer, you may be unsure what will happen to that coverage after your divorce.

There are two important areas to focus on here: what happens during the divorce process and what occurs after the divorce is finalized. At Hornberger Verbitsky, P.C., our experienced team of divorce lawyers and family law attorneys can help you to ensure your right to health insurance is protected throughout this legal process.

Matrimonial Automatic Orders in New York

Automatic Orders are requirements put in place that protect each principal in a divorce. The basic premise behind these orders is to maintain the status quo from the filing of the initial divorce papers through the final resolution of the divorce. In relation to health insurance, automatic orders require that a spouse cannot be removed from existing health insurance coverage during the divorce proceedings.

This means that no matter the type of health insurance in place, it must remain in place for all spouses during the divorce process. That includes employer-sponsored plans, Healthcare Marketplace coverage, other privately purchased insurance, government subsidized programs, military insurance coverage, or other forms. As a result, if you have health insurance in place right now through your ex, you will continue to have that coverage, or a policy of equal provision, throughout the divorce process.

What Happens to Health Insurance After a Divorce on Long Island, NY?

The divorce process will ultimately determine if that health insurance will continue long-term or if you will need to obtain new coverage. Typically, after a divorce, you are no longer dependent on the other party and that means you will not continue to receive coverage for your health care needs through the spouse’s health insurance plan. Typically, that means you have to find other coverage.

This is not just related to the spouse’s decision not to continue providing insurance. For example, if your ex agrees to continue to cover you, that’s not likely to be viable once the insurance company learns that a divorce has occurred. Simply put, your ex is no longer eligible for insurance through an employer-sponsored or other plan since no marriage is present.

While this can seem very limiting and worrisome, there are some other solutions that may provide you with some financial peace of mind.

COBRA Could Be Available to You

Once your divorce is finalized, you will then have the ability to start rebuilding your financial health. COBRA is a type of financial tool available to those who are experiencing the end of their current health insurance policy. It applies to various situations, such as leaving one job to go to another. It aims to provide a more affordable level of coverage until longer-term solutions can be put in place.

COBRA is a federal law. Within that law are specific rules that require divorcing spouses to continue coverage through the spouse’s former insurance plan for up to 36 months after the divorce is finalized. However, this is not an automatic process, as you will need to take action to request coverage (and do that within 60 days of the completion of the divorce decree) to receive it.

COBRA is not free, and its financial implications may fall on your shoulders. Typically, COBRA is expensive, and other options that are more affordable may be available. There are also limitations on when COBRA applies. For example, employer-sponsored health insurance plans only apply to employers with over 20 employees.

Note that New York divorce courts often consider the loss of health insurance benefits as a component of the bigger picture of how to distribute marital property equitably. That means that this could play a role in how assets are divided within your marriage and whether or not spousal maintenance is provided (and at what level).

In certain situations, New York courts can also order that health insurance must continue for a specified period after the divorce.

Consider Long Term Objectives

Because health insurance during divorce is so complex, it is critical for you to consider your long-term needs and goals. Loss of health insurance coverage can be financially devastating, which is why you should carefully plan for it.

Divorce will trigger a special open enrollment period, making it possible for you to purchase coverage through the health insurance marketplace. Depending on your specific needs, this marketplace may offer more affordable options than continuing on with COBRA.

Let our Team of Divorce Attorneys on Long Island, NY Help You with Your Insurance Needs

At Hornberger Verbitsky, P.C., we are here to help you navigate the entire divorce process. We recognize the importance of ensuring you maintain health insurance coverage. Our team of experienced divorce lawyers can help you navigate your options throughout this process to ensure that health insurance is always considered as a component of the divorcing process. Contact us for a free divorce consultation with our Long Island, NY, divorce attorneys by calling 631-923-1910 or fill in the short form on this page and we’ll get back to you.

That is true to a point, but there are some considerations that your job might need to know about. Issues such as legally changing your name, updating your health insurance and potential workplace discrimination are just a few issues that will require you to divulge your divorce status to your employer. This article will cover when (and if) you should update your employer’s Human Resources (HR) department about your divorce.

Human Resources Issues After Divorce on Long Island, NY

While you do not need to share every detail of your divorce with your employer, there are a few items that the company’s human resources department will need to know about.

First and foremost, it is important to update your workplace if you legally change your name after a divorce. In New York, you cannot complete this change until after the divorce is finalized, so while some women choose to use their maiden names unofficially during the separation process, your employer will not be able to officially process this update until the divorce is fully complete.

There are a couple of other important matters that your workplace should know about. Here is a list of questions you should ask yourself to find out if you need to talk to your organization’s HR department:

• Have you legally changed your last name?
• Have you lost health insurance due to the divorce? If you were previously covered under your spouse’s plan, you may now need to get coverage through your own company’s plan.
• Do you need to change your tax status? If you need to adjust your tax filing status – for example, from “married filing jointly” to “single” – you will need to make edits to the forms on file with your employer.
• Have you moved? If you have moved due to the divorce, you will want to update your address with your employer so they have the right location on record.

If you answered yes to any of these questions, it is important to talk to your company’s human resources department. They will be able to help you ensure all of your information is up-to-date in their system.

Attendance and Performance in the Workplace After a Long Island, New York Divorce

Navigating a divorce may mean that you need to take time off work for meetings with attorneys, court dates, or appointments with a mediator. If you have children, you may have to make adjustments to your work schedule as you adjust to new childcare responsibilities. Further, if your divorce has been especially caustic, you may find that your emotions are interfering with your typical quality of work.

While you are not legally required to inform your workplace of your divorce, having an open conversation with your boss can sometimes help in these scenarios. If your employer knows that you are dealing with challenges at home, they may be more receptive and understanding about you taking time off and temporarily struggling with productivity.

Workplace Discrimination Because of Marital Status in NY

Are you worried that you will be treated differently at work because of your change in marital status? While there are no federal laws that directly protect against discrimination as a result of marital status, many states – including New York – have laws that protect against discrimination based on these criteria.

New York human rights laws include marital status as a prohibited category when it comes to discrimination – and it is an unlawful discriminatory practice to be treated differently at work due to your marital status. If you are concerned about discrimination at work due to this change, it is crucial to get in touch with a knowledgeable lawyer right away.

Contact Trusted Divorce Lawyers at Hornberger Verbitsky, P.C. to Protect Yourself

At Hornberger Verbitsky, P.C., we understand that a divorce can be disruptive to your life and work. That’s why we do our best to take stress out of the equation so that you can focus on what is really important.

Contact us to learn more about your legal options or to book your free initial consultation to discuss your case in detail. Call now at 631-923-1910 or complete our short contact form and we’ll get in touch with you to schedule an appointment convenient to you.

These days, most of us live a large portion of our lives online. We shop online, talk to friends through social media, and work through web-based platforms. With your day-to-day activities so connected to the internet, you might be wondering if you can get divorced online, too. In this article, we will cover the ins and outs of getting divorced online on Long Island, NY: who is eligible, what it costs, and more.

Is Online Divorce Legal on Long Island, New York?

In short, the answer is yes: You can get divorced online in both Suffolk and Nassau counties on Long Island, NY. This might sound appealing, but it is important to remember that online divorce is subject to a few different eligibility criteria and requires a highly amicable split. In reality, online divorce is very infrequent on Long Island, NY, as many divorces involve complicated disputes and considerations that require legal assistance.

Who Can Get Divorced Online in New York?

There are two basic requirements for filing for an online divorce on Long Island, NY. The first is a residency requirement. Either you or your spouse must have lived in New York for at least two years before the divorce. If that is not true, then one of the following must be:

• You were married in the state of New York and one of you is still a resident.
• You lived in New York together while married, and one of you is still a resident.
• The grounds for divorce took place in New York and one of you lived in the state for one year immediately preceding the divorce filing.

While these restrictions might sound complex, they are built to give couples different pathways to establish residency. But ultimately, residency is the simpler of the two requirements. The more challenging criterion is that the divorce must be uncontested.

An uncontested divorce means that you and your spouse are in full agreement regarding your plan with children (including custody, visitation, and child support), finances (including spousal support, or alimony), and division of property. You also need to agree on the “grounds” for divorce, which is your legal reason for separation. The simplest solution is what is known as a no-fault divorce or “Irretrievable breakdown in relationship for a period of at least 6 months”.

What If My Spouse and I Can’t Agree on Divorce Terms?

While online divorce might sound like an appealing option, the reality is that many couples have a difficult time agreeing on the items listed above. If the terms of your divorce are disputed or if the grounds for divorce fall into New York’s “fault-based” category, then you will likely need legal assistance for your divorce.

The grounds for “fault-based” divorce in New York include:

• Abandonment of one or more years
• Three or more years of imprisonment
• Infidelity
• Imprisonment
• Cruel or inhuman treatment (e.g. physical, verbal, or sexual abuse)
• Divorce after a legal separation agreement
• Divorce after a judgment of separation

If any of these categories apply to your situation or if you and your partner cannot agree on the terms of your divorce, then it is important to get a lawyer involved to protect you and your best interests. In that case, online divorce will not be the right fit for your case.

What Does It Cost to Get Divorced Online on Long Island?

To file for divorce online directly through the New York court system, you will need to pay a $210 index fee as well as around $335 in court filing fees, totaling about $445. There are also online divorce services that will help you prepare the necessary paperwork for an additional flat fee that usually ranges from $199 to $500.

Is Online Divorce Common on Long Island, New York?

Online divorce on Long Island is less common than you might think. The fact is that most couples have a hard time agreeing on all the grounds for divorce, especially in situations where there has been ongoing conflict that has led to the disintegration of the marriage. In most cases, it is advisable to hire an experienced divorce lawyer who will help you protect yourself and your assets.

Hornberger Verbitsky, P.C. Is a Trusted, Affordable Divorce Lawyer on Long Island, New York

Online divorce is not for everyone. If you are going through a contested divorce, it is important to hire a strong divorce lawyer who will look out for your best interests. At Hornberger Verbitsky, P.C., we’re here to help.

Contact us to learn more about your legal options or to book your free initial consultation to discuss your case in detail. Call now at 631-923-1910 or complete our short contact form and we’ll get in touch with you.

When you file for a divorce on Long Island, New York, the court may award spousal support to you. Typically, the spousal support comes from your spouse’s paycheck. The money paid is dependent on the salary earned, the hours earned, or the rules set by the court.

One way that some unscrupulous individuals try to sidestep how much they are paying in spousal support is to get paid under the table or “off the books”. Though illegal, this method of being paid for work performed enables the spouse to not pay takes on that money and reduce or eliminate spousal or even child support payments through the court. In these situations, the court may not see how much income they are earning. Thus, what is paid to you is eliminated or reduced. This is a violation of spousal support requirements in New York Court.

If you know or suspect your ex is getting paid under the table to avoid spousal or child support, what can you do to prove your right to compensation? Should you take action?

Your Ex May Be Held in Contempt of Court

An important differentiating factor here is that not paying supposal support (no matter the reason) is a court violation. They can be held in contempt of court as a result. For that to occur, you need to file a motion in court stating they are not paying what they are required to pay under the judgment of the court.

The court will then hold a hearing. During that hearing, you have the right to present any information about what you know is occurring. The spouse is also able to present why they are not making payments.

Do You Have Evidence That Your Ex Is Working Off the Books?

Before the hearing arrives, it’s critical to gather any and all information you have to use to prove that the ex not claiming all of their income. If you don’t know this for certain and cannot prove it, you cannot win your case.

An experienced divorce attorney on Long Island, NY can offer specific strategies for obtaining the necessary evidence. In some situations, working with a private investigator may offer some insight. However, that could also be viewed as abuse of the other party. You may wish to gather statements from people who may know this information from first-hand experience. That’s difficult, too, because not many people will step forward and put their name on the line.

Your Long Island, NY Divorce Attorney Can Offer Viable Solutions

One strategy your divorce attorney on Long Island, NY will likely recommend is filing a motion for discovery. This is a legal action your attorney can request the court to allow to require the ex and their attorney to provide the requested financial information. You could use that information to prove that your ex is making money he or she is not reporting.

For example, bank statements and electronic payment accounts like Venmo or PayPal may indicate that someone is paying your ex they are not claiming. They may be making deposits into their checking or savings accounts that are not documented through a paycheck. In a digital-focused world, it’s quite common for a person to need to deposit cash into their bank account to make payments instead of using cash in person. That type of evidence can be a powerful tool to prove they have a source of income they are not reporting.

Your attorney may also call particular witnesses to the stand during a hearing. This would force a person to make a statement in court if they have specific knowledge of the ex being paid or working. People are less likely to lie in court when there are consequences for doing so. This can be challenging, which is why having a skilled Long Island, NY divorce attorney on your side to help is critical.

Could Your Ex’s Property Be Seized?

Nonpayment of spousal support could result in a judge requiring the sale of assets to pay past-due funds. Done through a Writ of Execution, your attorney can prompt a judge to take this action if they are not making spousal support payments as required under the law.

With So Much on the Line, Hire an Experienced Long Island, NY Divorce Attorney to Protect You

Before you take action, consult with an experienced New York divorce attorney. Contact our offices at Hornberger Verbitsky, P.C. now to obtain the legal support you need to force your ex to pay you what they owe.

Contact our divorce attorney in Long Island, NY, now by calling 631-923-1910 to schedule a consultation. You can also fill out a form online, and we’ll contact you. Don’t wait any longer to get the help you need.

Marriage between two persons of the same gender has long been a hot topic on Long Island, in both the state of New York, and throughout the country. In 2011, New York legalized same-sex marriage through Assembly Bill A8354, better known as the “Marriage Equality Act.” In passing this bill, New York became the sixth state to recognize gay and lesbian marriages.

It wasn’t until 2015, with the landmark Supreme Court case Obergefell v. Hodges, that same-sex couples in all 50 states were granted marriage equality. The court’s 5-4 decision gave same-sex marriage full and equal recognition.

With these protections for same-sex marriage came another consideration: same-sex divorce. Less than a decade after gay marriage became legal on a federal level, where do same-sex divorces stand on Long Island, NY today? Are there differences between heterosexual and homosexual divorces? What are the crucial factors spouses should consider when pursuing the dissolution of a same-sex marriage?

The Importance of Divorce for Same-Sex Couples on Long Island, NY

Divorce plays an important role in the legal system on Long Island, New York. It offers structure and protection for both parties, enabling equitable resolution in a situation that can often be challenging and emotionally fraught. As you navigate the stages of divorce, working with experienced and skilled divorce lawyers can help you receive what you’re entitled to and protect your rights now, and in the future.

Before same-sex marriage was legalized on Long Island, NY, and in the rest of the country, same-sex couples couldn’t access these protections. Processes like distribution of property, resolution of child support disputes, child custody arrangements, and awarding of spousal support were not recognized for same-sex couples – meaning that the termination of longstanding relationships was often messy and inequitable.

Is Same-Sex Divorce Different from Heterosexual Divorce on Long Island, NY?

From a purely legal standpoint, there is no difference between same-sex divorces and heterosexual divorces on Long Island, NY. In both Nassau and Suffolk counties, same-sex divorce proceedings are treated in exactly the same way and with exactly the same processes as heterosexual divorce proceedings.

This applies to spousal maintenance (commonly called “alimony”) decisions, child custody and support decisions (including where adoption or a sperm/egg donor is involved), and much more. However, given the relatively recent legalization of same-sex marriage on Long Island, NY, there are some aspects of standard divorce proceedings that disadvantage LGBTQ+ couples.

Marriage Length as an Issue in Same-Sex Unions

Some matters in a divorce – such as spousal maintenance and division of property – are determined based on a formula that takes into account the length of the marriage. For instance, the longer a marriage has lasted, the longer the lower-earning spouse may be entitled to receive spousal maintenance from the higher-earning spouse.

For opposite-sex couples, this formula makes sense. But for same-sex couples, who have not always had the right to legally recognized marriage, official marriage length may complicate these calculations.

There are many LGBTQ+ couples that were together for decades before same-sex marriage was legally recognized on Long Island, NY. Many of these couples lived together, had children together, and bought property together – engaging in activities typically conducted by married couples but without a marriage license.

For instance, consider two couples: one heterosexual and one homosexual. Both couples began dating in 2005 and moved in together in 2006. The opposite-sex couple got married in 2007, while the same-sex couple didn’t walk down the aisle until 2011, when gay marriage was legalized in New York. Now, they are both divorcing in 2023.

The opposite-sex couple will have a marriage length of 16 years, which will afford the lower-earning spouse payments of spousal maintenance for up to eight years. The same-sex couple has only been legally married for 12 years, meaning the lower-earning spouse is only entitled to spousal maintenance payments for up to six years – despite the fact that these relationships have been on parallel tracks save for the legality of the marriage.

As a same-sex couple pursuing divorce on Long Island, New York, it is crucial to find a divorce lawyer who will fight for the equitable dissolution of your marriage and understands the nuances of same-sex divorce in New York.

Hornberger Verbitsky, P.C. Has a Proven Track Record of Success in Same-Sex Divorce on Long Island

Have more questions about same sex divorces? We’re here to help. No matter your financial situation, you deserve affordable, high-quality legal representation for your divorce.

Contact us to learn more about your legal options or to book your free initial consultation to discuss your case in detail. Call now at 631-923-1910 or complete our short contact form and we’ll get in touch with you.

Learning that your spouse wants to end your marriage can be a low blow, but it can be even more challenging if your spouse decides to leave the marriage without even telling you anything first. While this can be devastating to the remaining spouse, it is certainly further complicated if you share children together.

Marital abandonment can take many forms: physical, economic, constructing or criminal. Below, we go over the basics of marital abandonment and how our veteran Long Island, NY divorce lawyers can help you navigate this emotionally draining situation.

The Definition of Marital Abandonment

Physical marital abandonment occurs when one spouse leaves the other and their familial duties. They may or may not give you notice that they are leaving. However, they never file a divorce petition and make no attempt to resolve matters relating to asset division, alimony, or child custody.

Economic abandonment occurs when one spouse purposefully stops contributing to the financial support to the household.

Constructive abandonment is often referred to as emotional abandonment because it occurs when one spouse “checks out” of the marriage and is no longer emotionally involved. This includes refusing to be involved in sexual relations with their spouse.

Criminal abandonment is when one spouse is critically ill or becomes incapacitated and is abandoned by the other spouse. This is particularly the case when the incapacitated spouse has been the lesser earning spouse.

It can also apply when a spouse abandons children and fails to financially provide for them as required by New York State law. In these cases, abandonment may result in criminal charges for the deserting spouse. Usually, this is a misdemeanor and rarely results in jail time. However, the deserting spouse may be ordered to pay the support that they owe as well as a fine for criminal abandonment.

Spouses are permitted to leave their partners when just cause exists. This includes extenuating circumstances like child abuse and domestic violence, adultery, or criminal activity. However, if you are a deserting spouse with just cause, it’s important that you go ahead and file for divorce against your spouse as the petitioner. This indicates to the courts that you are not abandoning your familial responsibilities but rather acting to protect yourself and any children who may be involved.

The Consequences of Marital Abandonment

There are many consequences of marital abandonment or desertion. First and foremost, the abandoned spouse is at an extreme disadvantage when they are unable to access critical resources that a divorce would provide them. The deserting spouse also forfeits their right to their fair share of marital property as well as custody and visitation of their children, if they have them.

If the deserting spouse does decide to later divorce, it’s possible that their abandonment may be used against them to reduce their divorce settlement award or restrict visitation time. It’s crucial that parents who want to maintain a relationship with their children at any point in the future refrain from engaging in behavior that could be construed as abandonment.

How to Prove Marital Abandonment

If your spouse has abandoned you and you want to take court action to formally dissolve your marriage, you will need to prove several elements of marital abandonment, including:

• Your spouse left the home with the intent to leave your marriage for an indefinite period of time
• Your spouse has been gone from the marital home for 12 months or more
• Your spouse did not have just cause to abandon you
• You did not agree with your spouse leaving the home
• You don’t have any hope of reconciling with your spouse, either because they have told you or they have become impossible to contact and you don’t know where they are
• Your cohabitation with your spouse has ended as a result of their leaving the home

There are several things you can do to illustrate to the court that your spouse has indeed abandoned you. The more evidence you have, the stronger your case will naturally be.

For example, photos of your spouse’s empty closet on the day they left would suggest that they packed all of their things without any plan to return. You can use bank statements to show where your spouse has stopped using a joint bank account or witness testimonies that saw your spouse leaving with suitcases.

When to Contact an Experienced Divorce Attorney if You Are the Victim of Marital Abandonment

If you have been abandoned by your spouse and you want to end your marriage, don’t hesitate to get qualified legal help as soon as possible. Your future security depends on the quality of your legal representation now. Contact the experienced Long Island, NY divorce lawyers at Hornberger Verbitsky, P.C. at 631-923-1910 or fill out our quick online form and we will call you right back.

The term “bullying” usually conjures scenes of pushing and shoving and taunting in the school yard, almost always with one kid getting picked on one or a group. But the problem can extends much further than this, even beyond cyber bullying and into adulthood with workplace and even relationship aggression. Many people are bullied in their own relationships, marriages, and divorces and feel they have few resources to turn to.

If you’re dealing with a “divorce bully,” the process of dissolving your marriage is often made more complex just for the sake of it. The amount of time, stress, and money it costs you goes up exponentially, often with no end in sight. Here’s what to know about fighting a divorce bully and how a qualified Long Island, NY family lawyer can help.

What Is Divorce Bullying?

Divorce bullying occurs when one spouse engages in manipulative or aggressive behavior toward or about the other spouse, usually with the objective of gaining an unfair advantage in the divorce proceedings. How divorce bullying manifests differs widely between marriages and spouses, but recognizing and addressing the issue early on is key to protecting yourself and your family.

What Does Divorce Bullying Look Like?

Sometimes, it can be difficult to recognize divorce bullying for what it is. Here are some examples of what it can look like:

Emotional or Verbal Abuse

Your spouse may yell at you or belittle and berate you throughout the divorce process at every opportunity. This makes the split unnecessarily difficult, especially for children who are watching one parent treat the other poorly and pick up on that behavior.

Financial Abuse or Manipulation

Your spouse may limit your access to funds that you share or may hide your credit cards so you can’t spend any money. They may hide assets, lie to you about how much money they have, or manipulate you out of money that you earn. The goal for these bullies is usually to put you in a position where you have to rely on them financially or just to negatively impact your finances in some way.

Harassment and Stalking

Your spouse may leave threatening comments online on your social media profiles, or they may text or email you repeatedly to harass you at all hours of the day and night. Some spouses graduate to stalking and resort to following their exes, even to the point of putting surveillance equipment in, on, or around their property.

False Accusations

A divorce bully may make false accusations against their spouse in an attempt to gain control over a situation or make their spouse look bad in the eyes of their children, family, or the court. They may accuse you of child abuse, domestic violence, lying about assets, or any number of despicable acts they can think of to leverage against you.

What Do I Do If My Spouse Starts Bullying Me During Our Divorce?

Dealing with a divorce bully is emotionally exhausting and can make the process so much worse. Here are some things you can do to start fighting back:

• Document everything. Keep copies of emails, texts, photos, and any other evidence you may be able to use to show a judge that your spouse was out of line.
• Limit communication with your spouse. Let them know that you will only be available for certain periods of time and via specific means of communication, such as texting from 5 pm to 6 pm.
• Get professional help. Work with a counselor or therapist who can help you manage the difficult emotions that come with being bullied by your soon-to-be-ex.
• Get safe. If your spouse becomes violent, assaults you, or makes threats against you or your loved ones, it’s critical that you contact the police and get the authorities involved.

How the Long Island Divorce Lawyers at Hornberger Verbitsky, P.C. Can Help

At Hornberger Verbitsky, P.C., we understand how emotionally challenging divorce is, especially when one spouse is being unnecessarily combative and difficult to deal with. If you find yourself fighting for what’s rightfully yours in a divorce with a bully, you need aggressive legal advocacy as soon as possible. Contact our office today to learn more or to schedule your free initial consultation at 631-923-1910 Or fill out the short form on this page.