Brian D. Perskin & Associates

Social Media: Friend or Foe during Divorce?

Is Social Media Bad for your Divorce?

Social media; you either love it or you hate it. But regardless of your personal opinions on the matter, social media will have a major effect on your divorce case.  How you handle your individual accounts will help to determine if  social media will be your friend, or foe, during divorce.

Social Profiles Spell Disaster for Marriages

Believe it or not, researchers have found that social media use can lead to divorce. In a study conducted by universities in Boston and Chile, researchers found that there is a direct correlation between social networking use and marriage quality.

Scientific Study Proves Social Media Can Lead to Divorce
Scientific Study Proves Social Media Can Lead to Divorce

The amount of time spent on social media isn’t the only reason why the platforms may spell disaster for your relationship. Sites like Facebook, Instagram, Twitter, and Snapchat can be a catalyst for infidelity and jealousy. The temptation to have an affair can be strong if your marriage is already strained, and these platforms make it easier to stray.

Social Media and Hidden Assets

Social media is changing the legal landscape. In addition to being cited as a reason why couples file for divorce, it can also be used as evidence during your case. This rings especially true if one spouse suspects that their ex is hiding marital assets.

Hidden assets often surface during the discovery phase of divorce. Most users won’t list their income in their profiles, but they will post photos of vacations or expensive purchases. These photos will be used as evidence of additional assets, which usually results in a higher net worth. And, of course, a higher net worth impacts every aspect of divorce, especially child support and equitable distribution.

Successfully proving that assets are being hidden or squandered away is not easy, and requires the expertise of a seasoned divorce attorney. Luckily, we have experience successfully uncovering hidden assets by auditing an opposing party’s personal and business networking accounts.

Tips for Using Social Media

It’s hard to avoid social media all together, even during heated divorce actions. How can you play it smart, while still keeping an active social media presence?

  1. Double check your privacy settings- make sure your profiles are friends only.
  2. Change your passwords, so your ex won’t be able to log into your accounts.
  3. Avoid posting pictures or updates that your ex can use to make a judge think you are a bad parent.
  4. Never cyber stalk your ex, their new partner, or family members.
  5. Remember: the internet is permanent. Use common sense. If you have to second guess whether or not you should post, don’t do it.

We know that social media plays a prominent role in your day-to-day life, but that doesn’t mean it needs to negatively impact on your divorce. Be smart about your online presence during the course of your action, and hire an attorney to handle the rest of the case for you.

Social media is a very powerful tool, which can be helpful if harnessed correctly. For more information on divorce in New York, contact Brian D. Perskin & Associates P.C. today!

Financial Abuse in New York City Divorce

Financial Abuse

Domestic abuse, a very serious issue, can take on many different forms. It doesn’t just include physical violence or mental abuse. An often overlooked form of abuse during a marriage is financial abuse.

What, exactly, is financial abuse, and what can you do if you’ve fallen victim to this kind of behavior? Read on to find out how financial abuse will impact your New York City divorce.

What is Financial Abuse?

Financial abuse is a form of domestic abuse. It occurs when one spouse steals or withholds money from their partner. Sometimes, it happens when a spouse uses money as a bargaining chip in their relationship. In extreme circumstances, financial abuse occurs when a person refuses to let their spouse get a job.
Audrey Cade, contributor on divorcedmoms.com, penned an article detailing her experience with financial abuse. In her case, Cade trusted her husband to manage their finances, but he caused them to live far beyond their means. She wrote:

“Because I excused myself from the arena of our joint finances, I made myself ignorant to the fact that we were up to our eyeballs in debt, that bills were not being paid, and we were in big trouble!”

Are You a Victim?

Because financial abuse can manifest in many different ways, it can be hard to tell if you’re a victim. Common signs of this kind of domestic violence include:

  • You are forced to give your spouse your paycheck
  • You are not allowed to have access to financial accounts
  • Your spouse forced you to sign over your premarital assets to them
  • You are not allowed to make any purchases without permission
  • You are unaware of any marital debt
  • Being told that you cannot support yourself without your spouse
  • You are required to work at a family business for little or no pay

Keep in mind that these are some warning signs of financial abuse, and they might not be relevant to your marriage. It can occur in all kinds of relationships, regardless of economic class, educational background, etc.

Financial Abuse & Divorce

Financial abuse, along with any form of domestic abuse, is dangerous. This behavior is unhealthy, and will have long term financial and emotion effects (especially on your kids). You need to take immediate action if you believe that you are a victim of this form of domestic abuse.

Leaving an abusive marriage is hard, and it takes a lot of planning. Follow these tips when preparing for divorce:

  • Obtain copies of all important documents (financial statements, bills, birth certificates, Social Security cards, etc.)
  • Run your credit report
  • Set up your own bank account, and apply for a credit card
  • Start to save money so you have funds after you file
  • Secure a safe place to live (family members or close friends can help)
  • Consult with, and hire, an experienced divorce attorney

A Trusted Source

The family law firm of Brian D. Perskin & Associates P.C. is one of the most trusted sources for New York residents who are looking to file for a divorce. We’ve helped thousands of people just like you through difficult divorce actions.

For more information on financial abuse in NYC divorce, contact us at 718-875-7584 to schedule a free and confidential consultation today.

Selling Your Home During a New York Divorce

Selling Your Home During Divorce

So, you’re going to file for a divorce. There are many decisions that must be made, and assuming you own a home, deciding what to do with it is one of the biggest. You have a few different options when it comes to addressing this issue. Is selling your home during divorce the best choice for you?

Alternative Options to Selling your Home

Selling the marital home during divorce isn’t right for everyone, and it might not be the best for you. There are no rules saying joint property must be sold during divorce, but a judge can order it after a divorce is finalized. With that being said, there are a few alternative options to selling your home during divorce:

  • Living with your ex during divorce
  • Moving out of the house
  • Buying your ex out of their share in the home
  • Keeping the home and practicing Bird’s Nest Parenting
  • Neither party remains living in the home, instead, using it as an investment property

It is worth looking into these options if you aren’t sure you want to sell your home.

Is Selling Right for You?

If you’re debating whether or not you should sell your home, asking yourself these 5 questions can help make the decision easier:

  • Can I afford to buy out my ex, and will I be able to pay monthly costs on my own?
  • What are the other housing options in my neighborhood?
  • Am I able to refinance my home?
  • Will my ex be willing to part with the home in exchange for other marital assets?
  • Will I want to stay in this home if I eventually get remarried?

There are a lot of pros and cons when it comes to selling your home during divorce, but the action you take will come down to one thing: finances. Remember: you don’t want to be house rich, but cash poor.

Pros and Cons of Selling your Home

Whether or not you should sell your home during divorce is dependent on the specifics of your case. The decision can be an emotional one, but there are benefits to selling.

For instance, letting go of the property and the bad memories associated with it is cathartic. Doing so can really help you cope with your divorce. There are financial benefits, as well. Selling the joint asset can provide with you with a financial cushion for life after divorce. You may even receive a tax break if you sell your home before your divorce is finalized.

Alternatively, there are downsides to keeping your home during divorce. Divorce has many financial pitfalls, many of which can ruin your credit and drain your bank account. Having to bear the burden of the monthly costs of your home contributes to financial uncertainty.

Hiring an Attorney

You should always consider hiring an attorney to handle your divorce, especially if your case involves property. Marital assets complicate divorce proceedings, and can often lead to longer case timelines.

The family law firm of Brian D. Perskin & Associates P.C. specializes in complex divorce actions. We make it our mission to assist our clients with every major decision during their divorce cases, including those concerning their homes. For more information, or to schedule your free and confidential consultation, contact us today!

Selling a Home during Divorce

Is a Lump Sum Alimony Payment Right for You?

What is Lump Sum Alimony?

Alimony is one of the most fought over parts of divorce in New York.  Whether you’re receiving support, or you have to pay your ex, you likely have some strong views on the subject. A hot topic of contention is lump sum alimony payments vs. monthly payments.

What are Lump Sum Alimony Payments?

Lump sum alimony is a form of spousal support that is paid in one single payment, instead of period payments over a certain amount of time. The person receiving the lump sum payment, known as the dependent spouse, can receive this in two ways: via money transfer, or through the division of marital property.

There are pros and cons to lump sum alimony, both for the giver, and the receiver. What are they, and is this method right for your divorce case?

Benefits of Lump Sum Alimony

Let’s assume that you are being awarded a lump sum alimony payment. By receiving your alimony payment in one lump sum, you can rest assured knowing that your ex won’t miss any future payments. Since you’ll have immediate access to your full alimony payment, you can use the money to purchase a home, or pay off divorce related debts. A number of people use their spousal support to further their education, as well.

There are numerous benefits for the paying party, as well. Agreeing to pay alimony in one lump sum payment means that your ex-spouse will be free of any continued financial support. This will be useful if they ever become unemployed, or face other financial hardships. Your ex can immediately begin rebuilding their financial cushion when they don’t have to worry about monthly payments.

Lump Sum Pitfalls

As great as lump sum support payments may be, there are major financial pitfalls associated with this practice. Receiving a large sum of money can be risky if you do not know how to handle it. Properly investing and managing a big alimony payment is tricky, so you need to consider speaking to a financial advisor. You also need to keep in mind that you might experience some tax complications if you receive a lump sum support payment.

Acquiring the funds to pay you a lump sum is the biggest challenge your ex faces. They may have to sell assets, tap into their retirement plan, or take out a loan. They will also be unable to request an alimony deduction the future, since they won’t be making multiple payments. In some cases, your ex will also have tax complications.

Is This Right for You?

Whether or not lump sum alimony is right for you depends on a number of factors. What makes sense for one case, doesn’t necessarily make sense for another. You need to make sure that you hire an attorney who has experience handling divorces with sensitive financial issues.

The family law firm of Brian D. Perskin & Associates P.C. specializes is complex divorce cases, with a focus on contested and high net worth actions. Our team of attorneys have represented thousands of New Yorkers in all five boroughs, as well as Westchester and Nassau Counties. Get the help and guidance you need- contact us at 718-875-7584 to schedule your free consultation today!

Common Divorce Myths in New York

divorce myths

The internet is a wonderful tool, but it can be harmful to your divorce or child custody case. There are countless divorce horror stories online, and it’s hard to not believe them. Luckily, the team at Brian D. Perskin & Associates P.C. have shed a light on the most common New York divorce myths out there.

Myth #1: You must file for divorce in the city/state you got

married.

This is not true. Where you file for divorce depends on where you, or your spouse, legally reside. So, just because you got married in Las Vegas, doesn’t mean you must file for divorce in Nevada. Check out New York’s residency requirements for more information.

Myth #2: You cannot get a divorce if your spouse doesn’t

consent to one.

This is one of the biggest divorce myths. New York has two types divorce: contested, and uncontested. Contested divorces occur when one party does not consent to the divorce, or they don’t agree with the terms listed in the Complaint.

A Judge will never force you to stay married if your spouse doesn’t want a divorce. Contested divorce cases take more time than their uncontested counterparts, but a divorce will be granted. Just remain patient and let your attorney handle the matter for you.

Myth #3: Mothers will always be granted child custody

because of court bias.

In New York, child custody is determined in the best interest of the child. This can mean either the mother or the father.

A Judge will issue a child custody order ff you and your ex are unable to reach an agreement on your own. The Judge will take many factors into consideration, including which parent was the primary caregiver prior to divorce, while making their final decision.

Myth #4: You will “lose” your divorce case if you commit

adultery.

New York is a “no-fault” divorce state, so Judges typically pay little attention to accusations of adultery. You are not entitled to a greater share of marital assets just because your spouse had an affair.

With that being said, alimony payments may be impacted if a Judge decides that a cheating spouse wastefully dissipated marital assets by spending a lot of money on his or her fling. It is recommended you hire an attorney to help you determine if this is true in your case.

Myth #5: All marital assets will be split 50/50.

New York divides marital assets equitably, not equally. This means that marital property cannot be split in equal halves between you and your ex.

Instead, the Court must take many factors into consideration while determining the equitable distribution of assets. Factors can include the length of your union, your income, and each spouse’s financial contribution to the marriage. The Court must also determine if an asset is sole property, joint property, or has been co-mingled during the marriage.

Myth 6: You don’t need a divorce lawyer.

One of the most concerning and harmful divorce myths is that you don’t need a lawyer. Divorce cases are complex matters. It is easy to get caught up in your emotions, and for your judgement to become clouded. This is why it is always recommended that you retain an experienced divorce attorney to advocate on your behalf.

The team of attorneys at Brian D. Perskin & Associates P.C. are experts in matrimonial and family law, having represented countless New Yorkers throughout some of the most difficult periods in their lives.

Find out how we can help you. Call us at 718-875-7582 to schedule a free, no obligation consultation today!

Statements of Net Worth in New York Divorce

Statement of Net Worth

Some of the most common points of contention in New York divorce cases involve money. Spouses often disagree on child support, alimony, and equitable distribution. How can a Statement of Net Worth help to alleviate these issues?

What is a Statement of Net Worth?

A Statement of Net Worth is a court document, and is part of every contested divorce action. This document outlines your finances and expenses. It also aides in dividing assets, and determining support obligations. You, and your spouse, will need to prepare a Statement of Net Worth prior to your court appearance.

Preparing and Filing a Statement of Net Worth

Preparing a Statement of Net Worth is a relatively easy process. Your attorney will work with you to draft the document, but it will be up to you to provide the following information:

  • Tax returns from the last three years
  • Financial statements, investment portfolios, and loan documents
  • Household expenses (utilities, mortgage, insurance)
  • Lifestyle and recreational expenses
  • Costs related to children (tuition, child care, extracurricular activities)
  • Index of tangible assets (jewelry, artwork, collectibles)

Your attorney will file your Statement with the court and serve a copy on the opposing counsel. You will also receive a copy of your spouse’s Statement of Net Worth. It is important that you review the document thoroughly, to make sure your ex isn’t trying to hide or liquidate marital assets.

Using Your Statement for Budgeting

A major benefit of completing your Statement of Net Worth is that it outlines your monthly expenses, and allows you to budget accordingly. Divorce can have a big impact on your finances, especially if you have to pay child support or alimony. Scaling back on lifestyle expenses, such as dining out, recreation, or shopping, can help you secure your post-divorce financial future.

Brian D. Perskin & Associates P.C.

Our law firm, Brian D. Perskin & Associates P.C., specializes in complex divorce and family law matters, with an emphasis being placed on high net worth cases.

Securing your finances, both during and after divorce, is important. You need to hire an attorney to ensure that your assets are addressed correctly. For more information on how our team can help you, call us at 718-875-7584 today!

Say “I Do” to a Prenuptial Agreement

Prenuptial Agreements were once a taboo subject, but they are now gaining mainstream popularity. A growing number of engaged couples are signing prenuptial agreements prior to their wedding day. If you’re engaged, you need to make sure discussing a prenuptial agreement with your partner is an essential part of your wedding planning.

To help aide in your discussion, the staff at Brian D. Perskin & Associates P.C. have put together a list of the most common prenuptial agreement questions and concerns. Check them out!

Q: How soon before my wedding should I get a prenup?

A:     Your prenuptial agreement must be signed and notarized at least 30 days before your wedding day. Anything later and you run the risk of your agreement being invalid.

Q: Do my fiancé and I need different attorneys?

A:     Yes. You and your fiancé must have separate lawyers. Lets assume you hire a lawyer to draft your prenup. Your fiancé will need to hire an attorney to review the document. The purpose of the second lawyer is to make sure the agreement is not biased in your favor.

New York law requires that two attorneys sign your prenuptial agreement, or else it will not be valid. An invalid prenup will not hold up in court.

Q: How much does a prenuptial agreement cost?

A:     The cost of a prenuptial agreement varies per firm, but they are relatively inexpensive. You can call different law firms in your area and ask for a quote, but keep in mind that you get what you pay for.

Be cautious of do-it-yourself programs or legal centers offering low-cost prenups. They can be riddled with errors, and the cost to correct them can set you back a few thousand dollars.

Q: What can be included in a prenup?

A:     The purpose of a prenuptial agreement is to differentiate between separate and marital property, and outline how property will be divided during a divorce. Your agreement can include:

  • Stipulations regarding individual debt and finances
  • The division of marital property if a divorce should occur
  • Guarantees that your family’s property, small business, or a future inheritance, will remain your separate property
  • Rules for who will manage future joint financial accounts, household bills, etc.

New York State law forbids that prenups include:

  • Decisions regarding future child custody or support
  • Stipulations that cause one party to waive their right to alimony
  • Personal matters or preferences (division of household chores, instructions on child rearing, etc.)

Q: What happens if we divorce?

A:     A major benefit to a prenup is that the document settles many divorce issues, before the case even begins! The discovery and equitable distribution phases of divorce are long, tedious, and expensive. Prenuptial agreements can help to alleviate the cost of your potential divorce.

Issues will arise if the agreement is contested during divorce. When this happens, a judge will need to evaluate all of the circumstances surrounding the drafting and signing of the prenup. This process can complicate, and prolong, a divorce case.

Call the Prenuptial Agreement Experts!

Are you interested in a prenup? If so, you need to make sure the agreement completed correctly, and that it is legally binding. You need the Perskin Guarantee! Call the law firm of Brian D. Perskin & Associates P.C. at 718-875-7584 to get started today!

Does Cheating Affect Alimony in New York City?

cheating alimony

As of this writing, about 50 percent of all first marriages in the United States end in divorce. The rate of divorce for second and subsequent marriages is even higher. As New York City divorce attorneys, we can safely say that a large percentage of divorces are triggered by adultery.

For some clients, one of the spouses reconnected with on old flame on Facebook. Others had a “one-time fling” with someone they met at a bar or while travelling for business. Sometimes it’s a full-blown affair with a co-worker or even a close friend of the couple.

If you or your spouse had an emotional affair with someone via social media, an online dating site, or through texts and emails you may wonder, “Does it count as cheating?” Generally, for it to be cheating or adultery, there must have been voluntary sexual intercourse.

So, if it the whole relationship took place in the digital world, it wouldn’t exactly meet the definition of adultery, though the innocent spouse certainly feels like their husband or wife cheated on them (emotional infidelity).

How Adultery Affects Alimony in New York

If you’re the higher-earning spouse and your husband or wife cheated on you, you may be wondering, “Can my cheating spouse still receive spousal support or maintenance?” This is a very good question and it’s one that comes up a lot.

Marital misconduct, which includes infidelity, is not something the court is usually interested in learning about, and adultery won’t normally affect alimony or property division. While some states frown heavily upon adultery, New York courts aren’t as concerned about it.

There is an exception however, particularly when an adulterous spouse wasted the marital assets on their girlfriend or boyfriend. For example, if a cheating husband financially supported his girlfriend at the tune of $70,000 a year for a couple of years, that could definitely affect the wife’s alimony award.

Looking for a top-rated New York divorce lawyer? Contact our office today to set up a confidential consultation!

Cost Effective Divorce Strategies

“Marriage is grand. Divorce is about Twenty Grand.”

- Jay Leno

Let’s face it: divorce can be expensive. Contested cases, as well as grey divorces, often lend themselves to higher legal fees that can result in financial hardships for both parties. While some pricey divorces are inevitable, there are ways to keep costs low and your bank account padded. Below, the staff at Brian D. Perskin & Associates P.C. have compiled the top 5 money saving divorce strategies.

1. Hire an Attorney

You may think that hiring an attorney is counterintuitive to the act of saving money on your divorce. While this may be true in rare circumstances, such as in very simple uncontested cases, it is generally false.

Retaining a legitimate matrimonial law attorney, even for an uncontested matter, is a smart financial move. There are many instances where people will attempt to represent themselves, or turn to low-cost divorce centers, in an attempt to save money. This usually backfires because of the person’s lack of experience with matrimonial law and the court system. Your lawyer will be able to ensure that documents are drafted, filed, and served properly, all within the court’s required time frame. Paying one retainer before your case begins can save you thousands of dollars down the road.

Contested and more complicated actions always require the help of a divorce or family law attorney. Discovery, depositions, motion practice, and litigation, are all impossible for a layperson to tackle on their own. Don’t assume you can handle this on your own. Play it smart and hire a lawyer before you get in over your head.

2. Pitch In

Most family law attorneys bill their clients per hour, meaning you will be charged a set amount of money for each hour your lawyer spends working on your case. This includes locating financial records and tax returns, indexing account statements, insurance policies, and other assets. To help lessen the amount of time your attorney spends doing this kind of work, as well as to keep your bill to a minimum, try pitching in and helping with some of the legwork your case requires.

By using our free Financial Checklist, you can easily keep track of your assets, liabilities, properties, and various insurance accounts. Write down what statements and documents you have in your possession, then contact financial institutions to request others. When providing documents to your attorney, send them on a disc or flash drive, so the law firm’s staff can easily and quickly transfer the documents to your e-file.

Having a complete and organized index of all relevant financial information will not only make the discovery and equitable distribution phases of divorce easier, but lend a hand in accelerating the drafting of your Statement of Net Worth.

3. Be Rational

Divorce can be an emotional hard hitter, but it is important to think with your head and not your heart if you are trying to have a more cost effective case. Fighting fire with fire will have a huge negative impact on your financial future post-divorce.

At Brian D. Perskin & Associates P.C., we have seen countless litigants fight over the little things, such as a work of art, a collectible, or a vehicle. These tangible assets can easily be replaced, and often for far less than it costs to duke it out in court and have a judge determine which party will retain ownership of the property. Sometimes the smart move involves cutting your losses and walking away from a battle.

More serious situations, such as being falsely accused of child abuse, also require rational thinking. You may want to be quick to defend yourself, but this tactic can often result in prolonged litigation, and heated arguments with your ex-spouse. Instead, contact your attorney immediately, and listen to their advice. Let them handle the matter, as they are experts and will be able to sort out the allegations. Thinking, and acting, irrationally, can cause more problems, and even hurt your relationship with your children.

4. Consider Alternatives to Litigation

Some New Yorkers are able to save big on their divorce by avoiding the court room. Litigation is expensive and time consuming, with especially complex cases taking years to be finalized. Speak to your attorney to determine which kind of divorce is right for you.

If you have an amicable relationship with your ex, then you may want to consider letting your attorney negotiate a settlement on your behalf. This can save you tens of thousands of dollars, as well as your time (which is priceless!).

Contested and high net worth actions will require quite a bit more work than their uncontested counterparts, however, they don’t always have to result in extensive litigation. Our dedicated attorneys routinely settle complicated matters before they are due to proceed to trial, thanks to their tenacity and experience with complex motion practice. We understand that litigating a divorce or family court case can be expensive, and we tirelessly fight for our client’s best interests and work towards keeping them out of the court room.

5. Be Open, Honest, and Trusting

The best tactic you can use to save money during your divorce is to be open and honest with your attorney. During your initial consultation, discuss your desired outcome regarding equitable distribution, child custody and support, alimony, etc. It is important that you and your prospective attorney are on the same page prior to your action being filed.

It is normal to change your mind regarding certain aspects of your divorce in the middle of your case, but you need to keep your lawyer informed. It is not uncommon for an attorney to spend days advocating for a certain position regarding custody or assets, which can become quite costly. Save your money and let your lawyer know if you have changed your mind.

Trusting your lawyer is imperative to the success of your case, as well as a proven method to keep your legal fees low. Your attorney has spent years learning and interpreting matrimonial and family law, and he or she is an expert in their field. Trust them to fight for your rights, and listen to them when they tell you the likely outcomes of a particular motion you want argued, or tactic you would like to try. Your attorney is ethically bound to represent your best interests, and they cannot do this if you are unwilling to place your case (and trust) in their hands.

Brian D. Perskin & Associates P.C. is a New York City based matrimonial and family law firm, specializing in complex divorce actions. For more information, or to schedule a free consultation, contact 718-875-7584, or visit us online.

Divorce and Family Law Misunderstandings

Initiating a divorce or family court matter can be intimidating and confusing, especially when there are many misconceptions surrounding the process. At Brian D. Perskin & Associates P.C., we strive to make legal actions easier and less stressful for all New York City residents.

Below, please find five of the most common divorce and family law misconceptions. For more information, click here to schedule your complimentary consultation today!

Annulments are for Short Term Marriages

Many New Yorkers are under the impression that they can get an annulment if they have been married for under a year. This is simply not true. There are very specific grounds for annulments, and a short term union is not one of them.

As long as a couple has been married for a period of 6 months, they are eligible to file for an uncontested divorce. Because New York is a no-fault divorce state, uncontested actions are much simpler and less time consuming than annulments.

Venue for Divorce

In order to file for divorce in New York State, one party must meet certain residency requirements. If neither spouse is a resident of New York, then New York is not the appropriate venue for the divorce action. If this is the case, the action must be filed in whichever State or County the plaintiff resides in. Alternatively, the plaintiff may wait until they have established residency in New York.

The requirements for filing a child custody and support action in New York State are different from those for divorce. Family court cases must be filed in the county in which a child has resided in for a period of at least 6 months. For instance, if a child lives in Kings County, and custody or support proceeding would be filed in Brooklyn.

Cheating Spouse Pays

A common misconception about divorce has to do with infidelity. Adulterous behavior, both physical and emotional, can leave the cheated on spouse confused, hurt, and vengeful.

Given the emotional turmoil of adultery and divorce, spouses may be unable to think clearly and logically. They often believe that their soon-to-be ex should have to suffer for their behavior, and pay more money in alimony. However, this is just not true.

New York has very specific guidelines for matrimonial law, including formulas for determining spousal support, as well statutes for equitable distribution. While a judge may be sympathetic towards a particular party because of infidelity, they are not allowed to grant higher support awards. Divorcing couples may work out their own agreement regarding maintenance and equitable distribution, even if it differs from what a judge would order.

Claims to Spouse’s Inheritance

If one spouse receives an inheritance, whether it be a sum of money or a tangible asset (like a piece of property), is the other party entitled to a share of it during a divorce? The answer depends on whether or not the inheritance is subject to equitable distribution.

There are two main reasons why an inheritance will remain separate property during a divorce proceeding: 1) the will only listed one spouse as a recipient, and 2) the asset was never comingled. Once an inheritance is comingled, then it becomes marital property and is subject to equitable distribution.

How an inheritance becomes comingled depends on what kind of assets the inheritance consisted of. A cash inheritance will be no longer be considered separate property if it is deposited into a joint bank account, or an account that is used to pay for household or living expenses. Physical property, like a home, can become comingled if the other spouse’s name is added to the deed, or if they make any contributions to the home that results in an increase in value.

Divorces are Easy

Divorce can be an emotionally trying time for all parties involved. When going through a divorce, couples are forced to begin anew as single individuals, and develop a new way of life, while trying to cope with the end of their marriage. This alone can be an incredibly traumatic or stressful experience, and attempting to proceed with a trial without proper representation can make matters worse.

Hiring an experienced matrimonial and family law attorney should be a top priority. Brian D. Perskin & Associates P.C., a New York City based divorce law, firm has helped thousands of New Yorkers navigate their divorce or child custody cases, providing thorough guidance and representation. To learn how Brian and his team can best assist you, call 718-875-7584 to schedule a complimentary consultation today!