Monthly Archives July 2013

The O’Brien doctrine in NY Divorce Law

Posted by Weinstein in Blog, Business and Corporate Law, Divorce, Divorce Mediation & Collaborative Law, Estate Law, Family Law, Taxes with Comments Off on The O’Brien doctrine in NY Divorce Law

A recent Appellate Division decision highlights the ongoing saga of the O’Brien doctrine, which held that an educational degree obtained during the marriage has a monetary value which can, and at times should be divided between the parties. In McCaffrey v. McCaffrey, — A.D.3d –, — N.Y.S.2d — (App. Div. 3rd Dept. June 06, 2...

Read More

Commission Reviews New York’s Spousal Maintenance Law

Posted by Weinstein in Blog, Divorce, Family Law with Comments Off on Commission Reviews New York’s Spousal Maintenance Law

Alimony, known in New York as spousal maintenance, is an emotional and often hotly debated issue in divorces. In 2010 New York enacted guidelines for temporary maintenance awards, i.e. awards to be made while a divorce case is still pending. Unfortunately, although the law provided consistency to such awards, it did not provide any guidelines [&hel...

Read More

The U.S. Supreme Court overturns the Defense of Marriage Act (DOMA)

Posted by Weinstein in Blog, Divorce, Family Law, Uncategorized with Comments Off on The U.S. Supreme Court overturns the Defense of Marriage Act (DOMA)

The U.S. Supreme Court struck down section 3 of the federal Defense of Marriage Act (DOMA) which defined marriage as between a man and a woman. Under DOMA, same-sex couples legally married in a state or country that authorized same-sex marriage were not eligible for important federal benefits available to heterosexual couples. Such benefits include...

Read More
  • 150 White Plains Road, Suite 404 - Tarrytown, NY 10591
    Phone: 914.332.8824 Fax: 914.332.1744
    www.mweinstein.com

Michael Weinstein - Attorney at Law