For 13 years, Mr. De Niro and Ms. Hightower failed to account annually for their commingled separate and marital property when making investments or acquiring assets as required by their 2004 Prenuptial Agreement (PNA). In effect, the decisions in their
Latest from Divorce: New York - Page 2
The effect of divorce settlement agreements on child support modification proceedings
What is the significance in a divorce settlement agreement of the parents’ decision to apply the child support formula to all of the parents’ income in excess of the statutory “cap?” How will such an agreement affect a subsequent modification
Court authorizes change of name and gender-neutral designation on NY and Georgia identification
The petitioner, a resident of Bronx County who was born in the State of Georgia, asked the Court for orders reflecting “their” name and sex designation changes, on petitioner’s New York identification, as well as on their Georgia birth certificate.
Temporary maintenance provisions in prenuptial agreements entered 2010 to 2015 must contain CSSA-type formula recitation
Two days before the parties were married in February, 2011, they executed a prenuptial agreement. In it the wife accepted an agreed-upon maintenance provision. The husband commenced a divorce action in 2019. The wife counterclaimed, seeking an award of maintenance
The Term “Pension” Must Be Clearly Defined in Settlement Agreements
Two decisions last week highlighted the need for precision and the anticipation of issues when using the term “pension” in divorce settlement agreements.
In Gluck v. Gluck, the Appellate Division, Second Department, affirmed an order of Suffolk County Supreme
There are consequences to not doing what the Judge says
Obstreperous may be defined as stubbornly resistant to control. In divorce litigation, sometimes it just doesn’t pay to be difficult.
In its decision of March 22, 2022, the Appellate Division, First Department in Gorman v. Gorman, upheld the lower
Agreements to Dispose of Marital Home Interests
Drafting divorce settlement agreement provisions to dispose of the marital home is not easy. Anticipating how things will play out can be very difficult.
In some cases, one spouse may be remaining in the home with the children for a
Overpayment Of Child Support May Offset Future Add-on Expenses
Man using calculator
Child support overpayments, resulting from the retroactive application of a reduced child support award, may be recouped against future add-on expenses of the children. So held the Appellate Division, First Department, in its
Refusal to Vaccinate Children Results in Change of Decision-Making
The mother had refused to agree to the vaccination of the children, resulting in one child being prohibited from school. In a March 30, 2022, decision in Matter of Soper v. Soper, the Appellate Division, Second Department, affirmed the
Delayed Acknowledgment Invalidates Nuptial Agreement; Defective Form Does Not
In its December 16, 2021 decision in Anderson v. Anderson, New York’s highest court ruled that the parties to a prenuptial or postnuptial agreement must acknowledge their signatures within a reasonable time of their signing. In a second appeal