As many couples going through divorce or separation in New York are quickly learning, a few years back, the Legislature decided that creating a mathematical formula for calculating spousal support (also known as spousal maintenance) was a good idea. For years, New York has had a formula for calculating child support, so why not create … Continued

Introduction Is military disability retired pay divisible in divorce? Is concurrent disability and retired pay divisible? A recent administrative ruling by the Department of Defense sheds new light on dividing CRDP when there is a disability retirement and a divorce. Let’s see what the new rule is. Disability Retirement and Divorce When a servicemember (SM) … Continued

There is perhaps nothing in the realm of family law that creates more stress, consternation, and complication than custody litigation. Guided by the best interest of the child standard—as amorphous as that term may be—our courts have over the years established factors to be considered. Those factors provide the court with discretion to determine custody … Continued

The New York matrimonial practitioner often grapples with issues concerning double counting of income as they arise in the interplay between equitable distribution and maintenance. Double counting may arise in any one of various contexts. Often the most vexatious situation is one which involves the assessment of an owner’s responsibility to pay spousal support when … Continued

We, as practitioners, are often asked by clients whether the parent of a child can be compelled to pay child support beyond the age of 21, most commonly surrounding college expenses, graduate school expenses, or for the health care or special needs expenses for their developmentally disabled child. Until now, the answer was simple. Historically, … Continued

Two Cautionary Tales To Consider Acknowledgments of Nuptial Agreements In Anderson v. Anderson, 37 N.Y.3d 444 (2021) the Court of Appeals addressed the issue of “defective“ acknowledgments. Anderson, along with a companion case simultaneously decided within the opinion, Matter of Koegel, looked at two different fact patterns in order to clarify the circumstances under which the agreement … Continued