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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) […]

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 […]

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 […]

How Child Support is Calculated in NY

In New York State, child support is governed by the Child Support Standards Act, also known as the CSSA. The CSSA is found both in Domestic Relations Law Section 240 and Family Court Act 413. In New York, parents are responsible for the support of their children until they reach the age of 21. Child […]