A prenuptial agreement, also called a “prenup,” is a contract agreed to between future spouses before marriage that usually concerns how divorces will be handled, how property will be distributed upon the death of a spouse, and other issues. There are certain situations in which people in New Yor...
Albany Family Law Blog
Divorce and Family Law Blog
Joanne P. Monagan, Esq., Managing Attorney
My intention is to create a journal (blog) of topical and current information about family law issues that will be of interest to our clients and prospective clients. Sources for blog posts will be my own experiences, experiences reported by my colleagues, relevant articles, news and information about the courts, judicial decisions of interest, your questions, and related information. We intend to post frequently, so please stay in touch with our website and be sure to contact our office if you desire a consultation. We will always stand by you.
What happens to retirement funds after a divorce?
When you go through a divorce in New York, you're likely to face the division of your marital property. Marital property is defined as anything gained while you were married. This may include a business, a home and even your retirement accounts. Understandably, people want to know what's going to...
An overview of asset distribution during a divorce
When you file for divorce in New York, one of your first questions to your attorney might be “What will I get in the divorce?” Unfortunately, it's hard to say right away. If you didn't sign a prenup, dividing up you and your former spouse's assets might take months. It's impossible to know what y...
What shouldn’t be included in your prenup?
By now, most people in New York are aware of the benefits of signing a prenuptial agreement. A prenup can help you divide your assets during a divorce without entering an expensive court battle. You can use a prenup to protect assets like properties, investments, savings accounts and more. But wh...
How do judges decide custody?
When it comes to child custody battles in New York, the judge ultimately has the final decision. However, most judges know that the child's livelihood is in their hands. They'll want to gather all the facts before making a decision so they know they're acting in the child's best interests. Here a...
Getting through a divorce with less stress
Couples who are going through a divorce in New York and across the U.S. might experience a great deal of emotional and financial stress. Sorting through issues such as child visitation, property division and other matters can take its toll. Fortunately, most divorces don't drag on forever, and th...
What might cause a parent to lose custody of their child?
Once a parent has been awarded full custody in New York, it might be tempting to assume that they'll have full custody forever. However, a parent can lose custody if the court has reason to believe that the parent has been mistreating their child. Here are some of the common reasons why parents l...
How can parents in New York request a child support modification?
When the court orders a parent to pay a specific amount of child support, that amount might not be relevant forever. If the parent experiences a decrease in income, they might find it difficult to make the required payment. If they experience a sharp increase in income, the other parent might nee...
How to protect a business from a divorce
A divorce could have a significant impact on your New York company. However, there are steps that you can take today to minimize the potential disruption that the end of your marriage might have on your business or your ability to earn a living. Create prenuptial or postnuptial agreements A prenu...
Business divorce: what you should know
Running a business in New York is no easy task. Obstacle after obstacle can really take a toll on a business leader, especially if they're equal partners with someone else. Often, it is not the state of the business that ends a partnership but rather the desired direction each person wants for it...
Reasons women may be more likely to seek a divorce
Women in New York may be more likely than men to file for divorce. There are a number of reasons this may be the case, and the greater financial security women have today along with a higher likelihood of working outside the home may be a contributor. For example, since women no longer have to re...
What to Know About Prenuptial Agreements
Many married couples sign a prenuptial agreement before getting married, and these agreements are especially common in second marriages. A prenuptial agreement in New York outlines how the couple will manage their finances. The couples might not be wealthy, but they want to know what they are dea...
How can a CDFA help in your divorce?
If you are getting a divorce and retirement is near or you have not been very involved in the family finances, you might want to consider working with a certified divorce financial analyst. You might also benefit from the help of a CDFA in New York if you have other financial concerns. What a CDF...
What is a qualified domestic relations order?
During a marriage, spouses could make long-term financial arrangements for their retirement accounts. When a married couple in New York divorces, one spouse may have significant concerns about their retirement planning. What if the ex-spouse's pension was supposed to factor into financial stabili...
Tips for successful joint custody arrangements
Personality conflicts and lingering issues from the divorce often make joint custody arrangements more difficult for New York parents. However, it is possible for two divorced people to be able to co-parent so long as they follow a set of rules that help them keep priorities straight and maintain...
Are you entitled to a portion of your ex’s SS benefits?
New York is an equitable distribution state, meaning assets and property acquired during marriage must be split fairly in a divorce. Social Security (SS) benefits, however, have different rules. In order to receive a portion of your ex-spouse's SS benefits, you and your spouse must have been marr...
The keys to preserving sanity in a divorce
Divorce in New York can take an extreme emotional toll on anyone. This becomes more pronounced when the matter is contested. Where there is a legal battle between the spouses, it can harm someone psychologically. Individuals must make sure to take the time to care for themselves during the divorc...
Parenting plans that prevent conflict
A carefully prepared parenting plan can help reduce the likelihood of conflict between parents in New York after divorce. While parents going through an amicable divorce may not need this level of detail in their parenting plan, others may find that dealing with some or all of these issues up fro...
How domestic violence can influence child custody orders
Parents in New York and throughout the country may be allowed to retain custody of their children after a divorce. In some cases, this might be true even if they engaged in domestic violence against their former spouse or their children. An abusive parent may be allowed to have custody of a child...
The difference between separate property and marital property in a marriage
Each party in a marriage in New York may bring cash and property into the marriage. Those assets are referred to as separate property. Once a couple is married, the property, cash, and assets that they obtain together during the marriage is referred to as marital property. When referenced in lega...
How to create parenting plans that work
There are several variables that parents in New York should keep in mind when creating a visitation schedule. If a son or daughter is old enough, it may be a good idea to seek input from that child when crafting a parenting plan. However, it is important for parents to remember that they reserve ...
Important elements of a parenting plan
If parents get divorced in New York, they are still required to raise their children together. In most cases, the exes will develop a parenting plan that determines rights and responsibilities. The plan can stipulate when each is allowed to have physical custody of a child and the process that wi...
The importance of maintaining job performance
Many in New York are both spouses and employees. When they are in the process of ceasing to become a spouse, they are still an employee and must go into work every day. In the end, they need to continue to perform at their job so that they can stay employed. However, it is not always easy given t...
Engaged couples should consider signing prenuptial agreements
New York couples who are considering getting married need to contemplate what may happen if they divorce. The high divorce rate requires that couples be realistic and optimistic at the same time. Realism would necessitate that the future spouses sign a prenuptial agreement to protect themselves i...
Financial considerations for older adults in a divorce
When older adults in New York decide to get a divorce, they may be near retirement or already retired. Their finances may be complex, and they may have to rethink their retirement plans. They may need to build up their liquid savings or ensure that they are still able to help their children pay f...