Traditionally, a premarital agreement (prenup) is signed by both parties before the wedding. A postnuptial agreement (postnup) is similar, however, it takes place after the wedding. These agreements are designed to protect the assets of each individual entering the marriage and provide a guide as to how property should be allocated and if alimony or spousal support will be paid and under what conditions, among other things. However, a prenup or postnup needs to be valid to be enforceable on Long Island. Here are 5 reasons your prenup or postnup could be found unenforceable. (more…)
Once you’ve been ordered to pay child support or alimony by a Long Island court, there are very few circumstances in which you can stop or even lower your payments. One of these is if you lose your job. However, this does not mean that as soon as you lose your job that you can simply stop making child support or alimony payments — doing so could cause you a great deal of trouble. Here’s what you should do if you’re making child support or alimony payments on Long Island and lose your job or receive a reduction in salary. (more…)
The Tax Cuts and Jobs Act has many implications for your Long Island divorce, as it pertains to Spousal Support (aka Alimony) and the Child Tax Credit. The new tax rules may mean you want to speed up your divorce to have it settled before the end of the year (when the new rules take effect). (more…)
Spousal Maintenance, otherwise or formerly known as Alimony, plays a significant part in a majority of Divorce Proceedings handled on Long Island. Spousal maintenance is a creature of statute, and, as such is typically determined by following a formula. However, in certain cases, the courts in Nassau and Suffolk counties can deviate from the statute in a few different ways.
As experienced Long Island divorce attorneys, we often see how Uncontested divorces become highly Contested divorces over the same issues. These issues often become so heated that they often seem insurmountable obstacles to obtaining your Final Judgment of Divorce. Below are some of the most common issues that cause parties the most stress.
Child Support, Child Custody & Visitation (more…)
Validity of Prenuptial Agreement after Recent New York Appellate Division Case
For many couples on Long Island, having a Prenuptial Agreement drawn up before their marriage is a basic assumption of their relationship. Prenuptial agreements are an attempt, prior to marriage, to arrange the consequences of marriage and/or its dissolution. Prenuptial agreements can include terms of maintenance, ownership and division of property, as well as testamentary provisions. However, for the prenuptial agreement to stand up in court post-marriage and dictate the terms of dissolution, it must be found valid.