Issue: 2023 Vol. 55 No. 2

Recent Legislation, Cases and Trends in Matrimonial Law

Recent Legislation Kyra’s Law, proposed bill 2023-S.3170A, seeks to refocus custody determination on children’s safety Kyra’s Law is a proposed bill 2023-S.3170A that would amend DRL 240(1) to (1) require judges to assess the child’s life and safety during custody proceedings, (2) require the court to rank a child’s life and safety above all other … Continued

Poorly Drafted Language in Settlement Agreements Keep Courts Busy and Practitioners on the Edge of Malpractice

“An ounce of prevention is worth a pound of cure.” – Benjamin Franklin Americans rely heavily on their retirement savings, and for many these are the most significant assets right next to their home. According to Investment Company Institute, as of December 2022, there were $33.6 trillion in total U.S. retirement assets. Unfortunately, the division … Continued

Durational Maintenance Advisory Guidelines: How Advisory Are They?

In negotiating spousal support or requesting an award of spousal maintenance from the court, we now start with the maintenance guidelines set forth in the Domestic Relations Law.1 The statute provides for a presumptive calculation on the amount of spousal support and addresses duration. The durational aspect as relates to final maintenance contains both advisory guidelines … Continued