• assets you had before the marriage may be considered "separate property" if you kept that property in your own name, separate from property which was acquired during the marriage.
• income produced by a separate property investment may also be separate property, as long as it was not commingled with marital property.
• assets which were gifted to you, or inherited by you, and kept in your own individual name, may also be separate property, and not subject to being divided in the divorce, as long as it was not commingled with marital property.

Child Support

In New York all parents have a legal obligation to support their children, whether or not they are married and going through a divorce or separation.  Although many child support proceedings in New York are brought in Family Court without an underlying divorce proceeding, many child support proceedings are brought in the context of a divorce.  The basic child support obligation is apportioned between the parents based upon their combined adjusted income, (as defined by the Child Support Standards Act), and calculated upon the number of children they are responsible for supporting:  17% for one child;  25% for two children;  29% for three children.

Additional child support obligations include maintaining health insurance, contributing to unreimbursed health care expenses, and sharing the cost of extra-curricular activities, educational costs, and summer camp or other summer activities.


Child Custody and Visitation

Parents who reach an agreement concerning the custody of their children, in a divorce proceeding or otherwise, often define their arrangement as joint legal custody, with primary physical or residential custody being given to the parent with whom the children spend the most time.  Joint legal custody is generally understood to mean that both parents will have significant involvement in all of the major decisions affecting their children's lives, and have access to all of their important medical, educational and other important records and files.

However, in New York, if parents are unable to reach an agreement about the terms of custody in a divorce or separation, the Court will make child custody decisions based upon what is in the "best interests" of the children.  When deciding which parent should have custody, the court will consider:

• The availability of parents to the child
• The physical and emotional health of the parents
• Evidence of child abuse or neglect
• The home environments of both parents
• A parent's willingness to encourage the child's relationship with the other parent
• If the child is mature enough to express their wishes intelligently, the preferences of the child
• Who has traditionally been the child's primary caretaker
• Any agreement between the parents

Parents are bound by a child custody and visitation order once it is signed by the judge and filed with the clerk’s office.  If a parent is denied court-ordered visitation with a child, he or she may bring the issue back before the court.  A judge may also modify a child custody or visitation order if the circumstances of the case warrant a change.

Alimony

In a divorce or separation the court can order alimony - called "maintenance” in New York, if appropriate. A court will generally consider such factors as:

• The length of the marriage
• The conduct of the parties during the marriage
• Age and health of the parties
• Occupations of the parties and their incomes and sources of income after the divorce or separation
• Vocational skills and employability of the parties after the divorce or separation
• Assets and liabilities of the parties
• Any special needs of the parties
• The opportunity of the parties to acquire future income and assets