Category : Equitable Distribution

Professional Degrees and Licenses are no longer marital property

For all divorces¬†filed on or after January 25, 2016, licenses, degrees, professional goodwill and other forms of enhanced earnings will no longer be considered marital property. This law does not effect divorces currently pending or divorces filed before January 25,…

0 Comments / 659 View / October 4, 2015

Police Pensions and Fire Department Pensions

In a divorce splitting the police pension or fire department pension is generally not that difficult. Equitable distribution of pensions is fairly simple under New York, except when the disability pension is involved. Starting at the beginning, police and fire…

0 Comments / 2849 View / December 15, 2013

Dividing the House – The House Bought After the Marriage, Webcasts Part 1 and 2

In this Webcast, Preeti Dawane and Gary Port discuss the division of the house when it is bought after the marriage was performed. The basic rule is that if the house is bought after the marriage, it is marital property,…

0 Comments / 117 View / July 31, 2013

OLD LAW: Professional Licenses and Divorce

Since I posted the article below, the law has changed. For all divorces filed on or after January 25, 2016, professional licenses will not be considered marital property. For all divorces filed before January 25, 2016 they will be. Professional…

0 Comments / 296 View / April 26, 2009

Splitting the House – When The House is Bought Before Marriage

The biggest question in divorce, after children, involves the house. Who gets the house and how is it divided? First, as I stated elsewhere on this site, the name on the deed is irrelevant to the question of who gets…

0 Comments / 4923 View / April 4, 2009

The Common Law Marriage Trap and 50 Cent

Hip hop star 50 Cent recently was the victim of a judicial drive-by shooting. 50 Cent has been engaged in a high profile family court action in Suffolk County, New York with his former live-in girlfriend and mother of his…

0 Comments / 129 View / June 12, 2008

Adultery Myths And New York Divorce Law

Before October 2010, when No Fault divorces became available, in order to get a divorce in New York, you had to prove marital fault. New York recognizes adultery as one ground to obtain a divorce. However, adultery, as a basis…

0 Comments / 9213 View / May 31, 2008

Equitable Distribution of Post Office Pensions Under New York Divorce Law

As I have pointed out else where, under New York divorce law, pensions earned during marriage are subject to equitable distribution. However, since there are a variety of different pensions available from the multitude of employers, the rules are not…

0 Comments / 79 View / April 6, 2008

Adultery and Equitable Distribution Under New York Divorce Law

Under The New York Law, Adultery by A Spouse Will Not Effect Equitable Distribution No, you don’t get the house if s/he cheated on you. One of the most frequent questions I get asked is: “If my spouse cheated on…

0 Comments / 464 View / April 6, 2008

Tax implications for Military Retired Pay

Before I start, let me state that I am not an accountant or tax attorney. Do not make any decisions regarding taxes based upon this posting. Discuss any tax plans with your accountant. In a recent decision by the U.S….

0 Comments / 143 View / February 14, 2008