In New York, case law and legal journals frequently refer to attorneys who are “partners,” “associates,” “counsel,” and “of counsel” to a law firm but rarely discuss the nature of these relationships. For that, we need to look at the ethics opinions.1 Partner In New York, most law firms are partnerships and sole proprietorships. The … Continued
Source: Kitces.com Over the Fourth of July weekend, while Americans were soaking up the sun and firing up grills, lawmakers in Washington were busy changing the financial landscape. The “Big Beautiful Bill” narrowly made it through Congress and was signed into law. It brings a whole host of changes aimed at tax relief, business growth, … Continued
Over the gamut of family law cases in which courts and practitioners are involved, the mental health of the litigants is often at issue whether by general allegation – particularly in matters of contested custody – but sometimes more specifically where there is an actual mental health history. But, while allegations made by one litigant … Continued
Equitable Distribution Wife’s refusal to sell couple’s debt-ridden business is wasteful dissipation Angello v. Angello, 237 A.D.3d 1318 (3d Dep’t 2025) The parties had an organic grocery distribution company, which was primarily operated by the husband, that created over $995,000 in debt. In 2018, the husband thought he had found a lifeline when the couple received … Continued
Introduction The equitable division of pension benefits in matrimonial matters is a complex and often litigated issue. The recent decision in A.F. v. D.F., 2025 N.Y. Slip Op. 50160(U), issued by Justice Lorintz of Nassau County, highlights the risks associated with improper drafting and execution of a domestic relations order (DRO). The case illustrates critical errors … Continued
It is well-settled law in New York that the right to marital property in a divorce action remains inchoate until a judgment of divorce is rendered. Once a divorce judgment is rendered, however, the parties acquire a vested interest in the marital property allocated to each party pursuant to the judgment. There is a concern, … Continued
Last year at this time, I wrote the second of two articles1 for this publication regarding the effects of the United States Supreme Court decision in Dobbs v. Jackson Women’s Health Organization,2 which overturned the long-standing constitutional protections relating to reproductive rights established in Roe v. Wade.3 The initial article from 2022 addressed not only the evisceration of reproductive rights, … Continued
In January, a question of first impression in the context of prenuptial agreements came before the New York Supreme Court: Must a self-represented spouse-be-to be provided with presumptive calculations of waived maintenance to knowingly waive that maintenance? Yes, the court held, he must. In J.M. v. G.V.,1 Justice Jeffrey S. Sunshine of Kings County considered enforcement of … Continued
Decided on February 18, 2025 Supreme Court, Westchester County C.A., Plaintiff, against J.D-A., Defendant Index No. XXXXX Plaintiff – Valerie A. Gray, Esq., Law Office of Valerie A. Gray, 3539 Tiemann Avenue, Bronx, New York 10469 Defendant – Pro Se James L. Hyer, J. Relevant Factual and Procedural History On June 3, 2015, this matrimonial … Continued
You are in a conference with the court or opposing counsel and you allege the other party has unreported/hidden cash, when the magic words are spoken: “They signed joint tax returns, your client is bound by the income set forth—Mahoney-Buntzman!”1 We hear this (and say it) all the time. But is it always true? We know … Continued