521 Fifth Avenue, 31st Floor, New York, New York 10175
212-867-9123 212-867-9123

Category Archives: Asset Division

New York Appellate Court denies separate property credit for marital home

Every few weeks it seems there is a new decision by a New York court, trial or appellate level, that speaks to the importance of obtaining a prenuptial agreement before marriage. Last month, in Klauer v. Abeliovich, the First Department (which handles mid-level appeals from Manhattan trial courts) issued just such a decision. First, some […]

Jacqueline Newman Talks Litigation Challenges for the Wealthy

Divorce In New York: What Is Marital Waste?

Financial disagreement is an issue present in almost all divorces. But what does it mean if one spouse makes a claim of marital waste? While you should contact a divorce lawyer to get a proper understanding of this topic, this post explains the basics of understanding what is meant by the term “marital waste.” Throughout […]

Divorce Agreements Are Difficult to Overturn in NY

Make sure your interests are protected. What happens if you want to overturn your divorce agreement? In New York, that’s a difficult thing to do. For example, in Simkin v. Blank, a couple entered into a settlement agreement that detailed the division of marital property and was incorporated into their final judgment of divorce. As […]

Separate Or Marital Property?

When considering property division during divorce, the first step is identifying the marital estate. A fundamental and often contested feature of property division is characterization of assets as either marital or separate property. Marital property, as discussed in an earlier blog, is jointly held property like homes or vacation residences, investment and pension accounts and […]

Divorce Tax Consequences and Other Financial Considerations

One of the most significant divorce tax consequences is that you can no longer file joint tax returns. The adage, two live more cheaply than one, is true and taxes are no exception to this rule. However, skilled divorce lawyers know New York divorce laws and can help you plan your divorce in advance of […]

Who Should Get the Family Home?

Many times people feel like their home is a comfort zone and it can be a source of stability for children. When divorcing, maintaining the status quo is usually in a child’s best interests. Divorce involves a lot of change and this type of change can be difficult and confusing for children. Keeping some things […]

Complicated Asset Division During Divorce

High net worth divorces typically involve characterizing significant assets when couples divorce.  Also, the more that you commingle assets, the more complicated the process may be for determining what is separate and marital property.  Generally, property acquired prior to marriage is separate property and property acquired during marriage is marital property.  For example, pensions that […]

X

Contact Form

We will respond to your inquiry in a timely fashion. Thank you.

Quick Contact Form