Articles Posted in Divorce

In high-net-worth New York divorces, disputes over spousal maintenance, child support, and the division of valuable real estate often hinge on how courts weigh factors such as earning capacity, parenting roles, and lifestyle needs. Complications can arise, however, when one party challenges the fairness of a property award or seeks to impute income based on education and potential, even when the other parent has assumed the bulk of child-rearing responsibilities. A recent decision issued in a New York divorce action highlights how trial courts balance these factors to craft equitable outcomes. If you are involved in a divorce involving unequal incomes, substantial assets, or questions of income imputation, it is critical to speak with a knowledgeable New York divorce attorney about how the law may apply to your circumstances.

History of the Case

It is reported that the parties were married in 2010 and had three children over the course of the marriage. Allegedly, the wife filed for divorce in June 2021, seeking custody, spousal maintenance, child support, and other relief. The husband counterclaimed for divorce and requested similar remedies. The parties subsequently stipulated to joint legal and shared physical custody, agreed to valuations of their two real properties (a marital residence and a lake house), and stipulated to their 2021 incomes.

In New York’s family law courts, jurisdictional challenges in matrimonial actions often turn on where the parties and children reside, and whether any parallel litigation is pending in a foreign forum. But complications can arise when one spouse seeks dismissal of a New York divorce on the grounds that another proceeding is already underway abroad and the other spouse denies it in sworn filings, as demonstrated in a recent New York divorce action. If you are seeking or defending against dismissal in a New York matrimonial action, you should speak to an experienced New York attorney about your options.

Factual and Procedural Setting

It is reported that the parties were married in the Dominican Republic in 2010 and have two minor children. Allegedly, both children currently reside with the wife, who was granted temporary custody and permission to relocate to Connecticut pursuant to orders issued in Bronx County Family Court. The husband, who resides in New York, has been awarded visitation rights under a separate order.

Allegedly, the wife commenced a divorce proceeding in the Dominican Republic in 2022, which was later dismissed in 2023. It is reported that in that same year, the husband initiated his own divorce action in the Dominican Republic. However, in April 2024, the wife commenced the present divorce action in Bronx Supreme Court and attested in her verified complaint that no other matrimonial action was pending. It is alleged that the wife later admitted this statement was false, as the husband’s Dominican proceeding had not yet been dismissed at the time her complaint was filed. Continue reading

In New York family law matters, stipulations of settlement incorporated into divorce judgments are treated with the same force and effect as contracts. The courts typically uphold these agreements unless a party can demonstrate ambiguity, fraud, or a substantial change in circumstances. A recent decision issued in a New York divorce case highlights the challenges of attempting to revise financial obligations absent clear legal justification, as the court ultimately found that the stipulation of settlement in question remained enforceable and that no grounds for modification existed. If you are involved in a dispute over the enforcement of a divorce agreement, you should talk to a New York family law attorney about your options.

Facts of the Case

It is reported that the parties were married in 2005 and later entered into a stipulation of settlement in 2013. Pursuant to the stipulation, the mother was awarded sole legal and residential custody of their three children, and the father was obligated to pay monthly child support, along with the children’s private school tuition.

Allegedly, the father later filed a petition seeking a modification of his support obligations. He asserted that a change in the children’s living arrangements, specifically that the oldest child had come to reside with him, warranted an award of basic child support from the mother. He also reportedly requested that the mother be ordered to contribute to the private school tuition for the oldest child or, alternatively, that his monthly tuition obligation be reduced to reflect that he was only responsible for the younger two children’s tuition. Continue reading

In New York divorce proceedings, a properly executed stipulation of settlement can carry significant weight in determining the financial and custodial obligations of the parties. Specifically, once they are incorporated into a judgment of divorce, such agreements are treated as enforceable contracts, and courts will generally uphold them absent evidence of ambiguity, fraud, or unfairness. As such, it is important that such agreements are clear and entered into with thought and consideration, as they are difficult to challenge, as demonstrated in a recent New York divorce action. If you are considering ending your marriage, it is crucial to work with a skilled New York divorce attorney to protect your interests.

History of the Case

It is reported that the husband and wife were married in 2018 and had one child together. The wife commenced an action for divorce and ancillary relief in 2021. In February 2022, the parties entered into a stipulation of settlement resolving issues, including legal custody and child support. This agreement was incorporated but not merged into the judgment of divorce entered in June 2023 by the Supreme Court, Queens County.

Allegedly, the stipulation provided for joint legal custody of the child and established a detailed parenting time schedule. The husband was granted overnight parenting time two nights per week and seven hours of access on Sundays. The stipulation further required the husband to pay child support in the amount of $1,560 per month directly to the wife. Continue reading

Divorce cases are often fraught with emotional and legal complexities, but some disputes extend beyond custody and asset division, raising ethical and professional concerns that can impact the very foundation of the legal process. When an attorney’s representation is called into question, courts must weigh a party’s right to legal counsel against the necessity of maintaining fair proceedings. In a recent New York decision issued in a divorce case, the court addressed the highly contentious issue of attorney disqualification, offering insight into the standards that govern conflicts of interest in legal representation. If you have questions about your rights with regard to divorce, it is smart to speak to a skilled New York divorce attorney as soon as possible.

Case Setting

It is reported that the wife filed for divorce in February 2023, marking the second such action between the parties. The first divorce, filed in 2015, was litigated extensively until 2018 when the parties reconciled and discontinued the proceedings.

It is alleged that the wife sought a protective order to prevent the husband from sharing litigation details with third parties and requested the disqualification of the husband’s attorney. The wife claimed that the husband’s attorney represented the husband’s brother in a malicious prosecution lawsuit against her, creating a conflict of interest. Allegedly, the wife argued that the husband and his brother had a history of coordinated harassment and that their attorney’s representation in both matters would disadvantage her in discovery. Continue reading

Prenuptial agreements are designed to provide clarity and safeguard individual assets in the event of a marriage dissolution. However, disputes often arise regarding their validity, as demonstrated in a recent New York case in which the court determined that a trial was needed to determine whether a prenuptial agreement should be upheld. If you have questions about how a prenuptial agreement may impact your rights if you decide to end your marriage, it is crucial to consult a New York divorce attorney who can advise you of your options.

Factual and Procedural History

It is reported that the wife and husband entered into a prenuptial agreement a week prior to their wedding. The wife allegedly insisted on the agreement at her family’s request, assuring the husband that its purpose was solely to protect premarital assets, including her interest in her mother’s business. The wife’s attorney drafted the agreement, and the husband, reportedly lacking independent counsel, signed it after reviewing it briefly in the wife’s attorney’s office.

Allegedly, the marriage lasted a few years, during which the husband contended he largely gave up his photography career to care for the couple’s young child while the wife pursued her career as a pharmacist. The terms of the agreement deprived the husband of equitable distribution of marital assets, including properties purchased during the marriage, but titled solely in the wife’s name. The husband asserted that he was misled into believing the agreement was fair and later realized it contained provisions waiving his rights to marital assets and maintenance. Continue reading

In New York, divorce judgments often include stipulations designed to secure financial support for children and dependent spouses. As reaffirmed in a recent New York decision issued in a divorce action, family courts may enforce these stipulations, including life insurance provisions, to ensure continued support. If you seek to enforce a provision in your divorce decree, it is wise to consult with a New York family law attorney to understand your options.

History of the Case

It is reported that the plaintiff and defendant were divorced by judgment in August 2019, which incorporated but did not merge their 2018 settlement agreement. Allegedly, the settlement required the plaintiff to maintain a $1 million life insurance policy for the benefit of the children and dependent spouse, as set out in the stipulation. In 2020, the plaintiff reportedly filed a motion to hold the defendant in contempt for allegedly violating certain terms of the divorce judgment. The defendant, in turn, cross-moved to enforce the life insurance provision stipulated in the judgment, citing the plaintiff’s non-compliance.

Allegedly, following a hearing, the trial court granted the defendant’s cross-motion, ordering the plaintiff to comply with the life insurance requirement as outlined in the divorce judgment. The plaintiff appealed, arguing that he was not in contempt and challenging the enforcement of the life insurance provision. Continue reading