Rochester NY Family Law Blog

One common worry a person going through a divorce may have is that they are not earning enough to be able to support themselves, and therefore are not financially independent. Spousal support, also known as alimony or maintenance, is one way a spouse can continue to receive financial support after their marriage ends from the spouse who earns more money, so the receiving spouse has the ability to gain the skills necessary to become self-sufficient.

Though the common belief is that maintenance begins after the divorce is finalized, in New York courts can also grant temporary maintenance while the divorce case is pending. The aim of this is to provide the receiving spouse with immediate financial assistance by taking into account the standard of living the couple was accustomed to before the marriage ended. This form of support lasts until the judge makes a final maintenance order.

Prenuptial agreements are often accompanied by a negative stigma and can fall victim to misconceptions. However, they really should be understood as a useful tool for couples considering marriage. A prenuptial agreement can be helpful for any couple, not just wealthy couples. Prenuptial agreements have many advantages for any couple entering marriage, so it is useful to understand them.

Prenuptial agreements serve as a tool to help couples in New York prepare for marriage and address concerns down the road if the marriage does not work out. Unfortunately, the statistics do not favor all marriages working out, which is why prenuptial agreements can be useful to help couples contemplating marriage protect their interests.

The division of assets is something that all divorcing couples in New York must address, which is why it is useful to understand. Knowing how property is divided in New York can help couples going through the divorce process negotiate a fair settlement agreement. During the property division process, many questions usually come up.

The only property that is generally subject to property division is marital property. Therefore, it is helpful to understand how property is classified into categories including marital property and separate property. Property can also be considered co-mingled, so divorcing couples should also be aware of that. Marital property generally includes assets acquired during the marriage, while separate property is property the spouses entered the marriage with.

Spousal support can be an acrimonious part of any divorce which is why it is helpful for divorcing couples to understand how it works. Spousal support sometimes goes by other names including alimony or spousal maintenance but whatever it is called, it refers to when one former spouse pays a certain amount of money to another former spouse which is why it can be of concern during a divorce.

In New York, property division during divorce is conducted according to equitable division principles which calls for property to be divided fairly and in a way that is equitable. Equitable property division does not necessarily mean that property will be divided in half but that it will be divided in a way that takes into account the circumstances of both parties and divides property fairly based on the situation.