Divorce

Published on: October 26, 2024

Property division terms in prenuptial agreement upheld. Schlosser v. Schlosser, 219 A.D.3d 1455 (N.Y. App. Div. 2023)

by Stephen Bilkis

In a case involving the division of property after a divorce, the defendant appealed an order from the Supreme Court of Queens County, which limited her share of proceeds from the sale of the marital residence to $700,000. The court also denied her request to have the residence recognized as her separate property.

Background Facts

The parties married on July 8, 2011, and had two children. Prior to their marriage, they signed a prenuptial agreement that outlined how their marital and separate property would be divided in case of divorce. In this agreement, a “termination event,” including divorce, would trigger the division of marital property equally between them. However, the marital residence and any debt related to it were excluded from this equal division provision.

Published on: October 24, 2024

On appeal, court determined wife should have been awarded alimony. Diaz v. Gonzalez, 984 N.Y.S.2d 65 (N.Y. App. Div. 2014)

by Stephen Bilkis

Not surprisingly, issues related to property distribution, spousal maintenance, and child support are among the most contested issues during a divorce. Diaz v. Gonzalez, 984 N.Y.S.2d 65 (N.Y. App. Div. 2014) involved a defendant appealing a judgment from the Supreme Court in Queens County regarding maintenance and child support.

Background Facts

The parties in Diaz v. Gonzalez, married on December 28, 1998. The plaintiff moved out of their shared home in September 2005. In March 2010, the plaintiff commenced divorce proceedings. The defendant responded to the action, asserting counterclaims that sought child support and spousal maintenance.

Published on: October 20, 2024

Equitable distribution requires full financial disclosure by both parities. C.M.S. v. W.T.S., 37 Misc. 3d 1228 (N.Y. Sup. Ct. 2012)

by Stephen Bilkis

In a matrimonial trial that spanned several years, a couple’s divorce action finally came to court after years of separation and failed settlement attempts. C.M.S. v. W.T.S., 37 Misc. 3d 1228 (N.Y. Sup. Ct. 2012) involved significant issues, including determining how to distribute marital property.

Background Facts

The couple in this case had been separated since 2007, and their divorce action began in 2008. Throughout the divorce proceedings, both parties exhibited a lack of urgency in settling their financial matters, leading to numerous pretrial conferences without significant progress.

Published on: October 20, 2024

Court finds that wasteful dissipation of assets by wife would impact equitable distribution. Singh v. Singh, 36 Misc. 3d 1218 (N.Y. Sup. Ct. 2012)

by Stephen Bilkis

Singh v. Singh, 36 Misc. 3d 1218 (N.Y. Sup. Ct. 2012) involved a divorce action in Queens, New York. The Plaintiff, the wife, initiated the case in 2009, seeking an absolute divorce and additional relief related to financial support, property division, and child custody. One issue that was raised was asset dissipation. Asset dissipation occurs when one spouse improperly uses or transfers marital assets in a way that depletes their value, often in anticipation of divorce or without the consent of the other spouse. This can include excessive spending, selling assets below market value, or mismanaging joint finances. In divorce cases, courts may consider evidence of dissipation when determining the equitable distribution of marital property.

Background Facts

The Plaintiff and Defendant married in 1997 and had two children. During their marriage, they lived together in a house jointly purchased by the Defendant and his father. The Defendant used both his separate savings and marital assets to contribute toward the mortgage on the marital home. Over time, the couple’s financial situation became more complicated as the Defendant and his extended family engaged in additional real estate and business investments. Both parties contributed to the household and its upkeep until they separated in 2006.

Published on: October 10, 2024

Court finds that cohabitation is enough to terminate spousal maintenance payments. Sanseri v. Sanseri, 2015 N.Y. Slip Op. 25128 (N.Y. Sup. Ct. 2015)

by Stephen Bilkis

In Sanseri v. Sanseri, 2015 N.Y. Slip Op. 25128 (N.Y. Sup. Ct. 2015), the Supreme Court, Monroe County, addressed the termination of spousal maintenance payments, specifically revisiting the standards for terminating maintenance in the absence of remarriage. The issue arose under Section 248 of the Domestic Relations Law (DRL), a provision that outlines when maintenance payments can be modified or terminated. The court had to determine whether a former spouse cohabitating with another person, but not remarried, could be grounds for terminating maintenance.

Background Facts

In this case, the husband and wife were in the process of a divorce, with maintenance payments ordered at the outset due to a significant disparity in their incomes. While the divorce proceedings continued, the husband filed a motion to terminate the maintenance payments. He argued that his wife, though not remarried, had entered into a relationship with another man and had engaged in behaviors that were akin to a marriage.

Published on: October 5, 2024

While wife may not have car, court found no evidence of cruel and inhuman treatment in marriage. D.A. v. B.E., 2005 N.Y. Slip Op. 50281 (N.Y. Sup. Ct. 2005)

by Stephen Bilkis

In D.A. v. B.E., 2005 N.Y. Slip Op. 50281 (N.Y. Sup. Ct. 2005), the D.A. sought a divorce from his wife, B.E.A., under Domestic Relations Law Section 170(1) based on claims of cruel and inhuman treatment. The couple had been married since 2001, and D.A. argued that his wife’s lack of care for his deteriorating health endangered his well-being. The court had to decide whether the evidence provided was enough to grant the divorce on these grounds.

Background Facts

D.A. and B.E.A. were married on June 21, 2001, though they had lived together for several years prior to that date. At the time of the marriage, D.A. was already suffering from asbestosis. Over time, his health worsened. By 2003, he had been diagnosed with emphysema, and later that year, he underwent surgery for lung cancer, which required the removal of one of his lungs. His medical condition left him in chronic pain, requiring continuous pain management, including Percocet and, eventually, morphine.

Published on: October 4, 2024

Separation agreement is enforceable only if it involved full financial disclosure. S.M.S. Kabir v. Kabir, 85 A.D.3d 1127 (N.Y. App. Div. 2011)

by Stephen Bilkis

In New York, separation are agreements are enforceable, but only if certain conditions are met. One of those conditions is that both parties must make full financial disclosures, including all of their assets. The case of S.M.S. Kabir v. Kabir, 85 A.D.3d 1127 (N.Y. App. Div. 2011) involves a dispute over the validity of a separation agreement between a husband and wife. The wife sought to set aside the agreement, claiming that it was not fairly negotiated and that key financial information had been withheld by the husband.

Background Facts

The parties were married and later entered into a separation agreement on July 11, 2007. The wife later claimed that the agreement was unfair because the husband had allegedly concealed several assets during the negotiation. She stated that she did not discover these concealed assets until 2009, two years after the separation agreement had been signed.

Published on: August 14, 2024

Petition to terminate spousal maintenance. Makris v. Makris 179 A.D.3d 694 (N.Y. App. Div. 2020)

by Stephen Bilkis

Makris v. Makris, 179 A.D.3d 694 (N.Y. App. Div. 2020) is about divorce and maintenance obligations. Spousal maintenance in New York can be terminated under specific conditions defined by state law. One such circumstance is if the recipient spouse remarries, as the obligation to pay maintenance typically ceases upon remarriage. Similarly, the death of either the paying or receiving spouse automatically terminates the maintenance obligation.

Another scenario for termination is if it can be demonstrated that the recipient spouse is self-sufficient or no longer requires financial support. This could result from a significant increase in the recipient spouse’s income or assets, rendering them financially independent. Conversely, if the paying spouse experiences a substantial decrease in income or faces financial hardship, they may petition the court to terminate or modify the maintenance obligation.

Additionally, if there is a significant change in circumstances since the maintenance order was issued, such as a disability affecting either spouse’s ability to work, the court may consider terminating or modifying the maintenance arrangement. Cohabitation by the recipient spouse with a new partner in a relationship similar to marriage may also prompt termination of maintenance, as it suggests the recipient no longer requires financial support.

Published on: July 15, 2024

Where a divorce was finalized in Vermont, can New York Family Court modify the provisions of the divorce decree related to parental access? Etzel v. Freleng 188 A.D.3d 1054 (N.Y. App. Div. 2020)

by Stephen Bilkis

In Etzel v. Freleng, 188 A.D.3d 1054 (N.Y. App. Div. 2020), the Appellate Division addressed issues pertaining to jurisdiction in custody disputes where the divorce decree establishing custody was issued in Vermont.

Jurisdiction in divorce and custody cases is paramount for ensuring the proper adjudication of legal matters surrounding the dissolution of marriage and the welfare of children. One fundamental aspect of jurisdiction involves residency requirements, which mandate that parties must reside within a particular jurisdiction for a specified period before initiating legal proceedings. These requirements serve to establish a connection between the parties and the jurisdiction in which they seek relief, ensuring that the court has a legitimate basis for asserting authority over the case. Importantly, once a court in one state issues a custody order, that decision generally cannot be modified by another state. This principle upholds the finality of court decisions and prevents jurisdictional conflicts that could harm the child’s well-being.

Background Facts

Published on: April 22, 2024

Appellate Division considered whether a stipulation to a separation agreement related to child support could be enforced by the Family Court. Barra v. Barra 214 A.D.3d 1224 (N.Y. App. Div. 2023)

by Stephen Bilkis

In Barra v. Barra, 214 A.D.3d 1224 (N.Y. App. Div. 2023), the court was asked to settle a child support payment dispute. Part of the evidence submitted was the couple’s divorce decree.

Divorce cases and child support proceedings are inherently interconnected, with the former often laying the groundwork for the latter. In many instances, child support arrangements are established as part of the divorce settlement, outlining the financial obligations of each parent towards their children. Divorce decrees or settlement agreements typically specify the amount of child support to be paid, the frequency of payments, and any additional financial responsibilities related to the children’s upbringing. By establishing clear terms during the divorce process, the court sets the stage for subsequent child support proceedings, providing a framework for resolution and enforcement.

Moreover, divorce cases create legal precedents that guide child support matters in the future. Courts often refer to the terms outlined in the divorce decree when adjudicating disputes related to child support. This ensures consistency and adherence to the original agreement, promoting fairness and stability in child support arrangements.