It’s one of my pet topics. How do you provide — how do you write a provision awarding one spouse credit for paying down the mortgage principal while a divorce action is pending or thereafter?
Consider the August 29, 2018 decision
Divorce: New York
The blog published by Neil Cahn, PLLC focuses on legal issues related to divorce in New York, including equitable distribution of marital property, partition actions involving real estate, and financial disputes arising from divorce proceedings. It covers court decisions on topics such as the treatment of premarital pension credits purchased with marital funds, the impact of wasteful dissipation of marital assets, and the authority of courts to order sales of marital residences during divorce. The blog also discusses procedural doctrines like res judicata in the context of divorce-related financial claims. It provides analysis of case law affecting property rights, loans, and asset valuation in matrimonial actions.
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Family Court-Mandated Life Insurance | Non-Parent Liability for Health and Education Expenses
By Neil Cahn
May a parent be directed to maintain life insurance in a Family Court support proceeding? Do an aunt and uncle awarded primary residential and, with the father, joint legal custody of his children, share responsibility for the children’s health and…
Divorcing Couples Can Learn a Lesson From Computer Algorithms
By Neil Cahn
Tom Griffiths, psychologist, cognitive scientist and Princeton professor, concludes his TED talk, 3 ways to make better decisions — by thinking like a computer, with the following lesson:
“You can’t control outcomes, just processes; and as long as you’ve used…
Counsel Fees Per Divorce Settlement For Withdrawn Enforcement Proceedings
By Neil Cahn
Here’s a reminder. Look over the “boilerplate” counsel-fees-on-default provision of your settlement agreements; and re-read them when resolving enforcement proceedings.
Take a lesson from the July 25, 2018 decision of the Appellate Division, Second Department, in Posner v. Posner.…
Attorney-Draftsman of Prenuptial Agreement Not Disqualified; No Interim Counsel Fee
By Neil Cahn
The prospective husband’s attorney who drafted a couple’s prenuptial agreement was not disqualified from representing the husband in the couple’s divorce action, nor in the action to set aside the prenuptial agreement that had been joined for trial. So held…
Uncapped Room and Board Credit Violates Public Policy
By Neil Cahn
On June 12, 2018, the Court of Appeals in a 5-2 decision, affirmed the ruling discussed below.
It is common in agreements, and often the case in judicial decisions, for the parent paying periodic child support to receive…
Awarding Counsel Fees to the Monied Spouse: Conflict in the Departments
By Neil Cahn
In its July 25, 2018 decision in Cravo v. Diegel, the Appellate Division, Second Department, affirmed a counsel fee award to a wife, the monied spouse in this divorce action. Supreme Court Kings County Justice Esther M. Morganstern had…
Helping High Net Worth Clients using Collaborative Divorce
By Neil Cahn
Jerilyn Klein Bier writes “How Advisors Help HNW [High Net Worth] Clients ‘Collaborate’ On Divorce” in the current issue of Financial Advisor, a monthly publication for financial planners, registered investment advisors and independent broker-dealers, She begins with a…
Divorce Award of Frozen Embryo Based on Agreement with Fertility Clinic
By Neil Cahn
In a divorce, to what extent may a court award property rights to the parties’ cryopreseved embryo?
In its June, 2018 decision in Finkelstein v. Finkelstein, the Appellate Division, First Department, determined that the parties’ agreement with the fertility…
Drafting an Income Tax Allocation Provision for Returns Filed During the Divorce
By Neil Cahn
If divorcing parties will file their income tax returns jointly, how do you allocate each party’s fair share of taxes? How do you draft an unambiguous provision that spells that out?
Such were among the questions raised by the July…