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Preparing for Divorce

Although no two divorces are exactly the same, there are a number of things that can be done to make the process more efficient. First, even before meeting with your attorney, organize your paperwork so that your attorney will have a more accurate idea of the financial issues:  make copies of tax returns, bank statements, credit card statements, loan agreements, deeds, and other financial records.  If there will be a claim that some assets were premarital, assemble proof of when the asset was acquired or  account opened, the source of funds, and copies of old checks, deposit slips, etc. Next, make sure you have your own credit card and checking/savings account, separate and apart from your spouse. Finally, start considering realistic long terms goals, and

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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, 2013) the parties married in 1999 and filed for divorce in 2010.  During the marriage the husband earned an Associate’s degree in telecommunications and a Bachelor’s degree in business administration with a minor in accounting.  The wife claimed that these degrees enhanced his earning capacity, and under the O’Brien doctrine, she sought an award of part of their value.  The Supreme Court found that $76,500 of the husband’s lifetime enhanced earning

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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 for awards of maintenance once a divorce was concluded. The law also failed to address many issues applicable to high-income earners such as one-time bonuses, and the payment of monthly living expenses. Thus, some judges have awarded temporary maintenance in addition to ordering a spouse to make mortgage and other payments. In some extreme cases, payor spouses have been ordered to pay sums which exceed their present income. An independent

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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 filing joint income tax returns, health care and pension benefits, and the ability to transfer assets to one another free of estate or gift taxes. This historic Supreme Court decision now permits married same-sex couples in New York to receive important federal benefits that were previously denied to them. The case before the Court involved Edith Windsor, (now 84 years old), whose same-sex spouse died in 2009 leaving Edith her

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