Author Archives: Friedman & Ranzenhofer

Can I Move To Another State With Our Kids?

Not without the court’s approval. When New York Family Court hears cases about relocation with children after a divorce, it weighs various factors to determine which option is in the best interest of the child. Maintaining a close and loving relationship with their other parent will be one element the court evaluates, but that doesn’t […]

I Bought Our Marital Residence Long Before We Were Married. Do I Have To Sell It And Distribute The Profits?

No, your spouse has no claim to a home you purchased before you were married, and you won’t be forced to sell it and share the proceeds as part of the divorce settlement. New York applies its equitable distribution rules only to marital assets, which are property, savings, debts, and other instruments that were acquired […]

Can I Raise The Kids In Our Home, Or Does It Have To Be Sold?

It’s very common for divorcing couples to choose to retain the marital home, either jointly or by providing an equalization payment and transferring ownership to the spouse who will remain in the home as the primary caregiver to the children. For couples focused on making the divorce as painless as possible on their children, and […]

How Are Child Support Standards Calculated For High-Earning Parents?

While the state has clear child support standards that apply to most families, sometimes parents earn so much money that applying a strict percentage of a parent’s income would result in unusually large child support payments that may be far beyond the actual needs of the child. In situations where one or both spouses earn […]

How Does Domestic Abuse Against Me Factor Into My Divorce?

Domestic abuse is extremely serious, and when a victim of family violence files for divorce, it’s important that appropriate steps are taken to protect them from their spouse. Orders of Protection can be requested, which will bar your spouse from the marital residence and make them subject to arrest if they contact you directly. Domestic […]

I Need To Make Sure My Spouse Is Paying Into A College Fund, But Our Child Is Only 8. How Can I Make That Happen?

Payment into college savings plans can be complicated by divorce. From the court’s point of view, an instrument like a 529 College Savings Plan is a marital asset subject to distribution – even though the funds are destined for your child. When developing a college savings plan as part of the divorce settlement or child […]

If My Spouse Cheated On Me, Does That Mean They’re Not Entitled To Things Like Support, The House, And Half Of Everything?

While adultery can destroy a marriage, in New York, it doesn’t have a big impact on the ultimate settlement, from the court’s point of view. On the other hand, in settlement negotiations, your attorney should use the fact of the adultery to push for better terms for you. In many cases, a cheating spouse feels […]

My Spouse Handled Our Finances. How Do I Get Our Financial Information?

These days, nearly every type of banking and financial institution account includes an online interface for account management. Your spouse will have to provide you with the passwords for things like bank accounts, retirement accounts, brokerages, investment accounts, and more. Many people handle their bill payments online, so you’ll also want to be able to […]