By Jerry Kugelmas, Esq.
They say knowledge is power. This is especially so when it comes to divorce.
Divorce is prevalent in our society and everyone is affected by it themselves or through friends and family. Many people divorce two, three or more times. That is why it is good to know what is, and what is not, important.
So, what is addressed in a divorce?
The divorce is the dissolution of the marriage. New York now has “no fault,” which means the divorce is done without having to prove fault of the other spouse. But the “other” issues must first be resolved, and those are most important – custody, child support, maintenance, equitable distribution and attorney fees. A brief word about each follows.
Custody includes all the rights related to children under the age of 18. Legal custody is generally the right to make major decisions and residential (or physical) custody is with the parent the child resides with more. Visitation and access is the time that the children are with the non-custodial parent such as overnights, holidays, school breaks and vacation time. Just some of the other rights can include telephone, text and Skype time when the children are with the other parent; attending school meetings, sporting and extracurricular events; being named as a school contact; getting report cards and information from schools and doctors; limiting the distance that the custodial parent can relocate with the children; and other important rights.
Child support is required until a child is 21 or sooner emancipated (such as married or working full-time). It generally includes a formula-based payment (such as weekly or monthly) plus a portion of the child’s day care, unreimbursed health care, health insurance, and private school costs. It can include college, extracurricular, camp and other expenses. Life insurance can be required to secure the support.
Maintenance, also known as “alimony” are support payments to a spouse or former spouse. New York uses a formula approach but the parties’ circumstances play an important role in the amount and duration of the maintenance payments. It can include monies for health insurance coverage.
Equitable distribution is the division of the assets and liabilities between the divorcing spouses. New York considers spouses to be economic partners. The name in which property is held is irrelevant. Marital assets are divided and generally includes all the assets except for the separate property of each. Separate property “can be” property each had before the marriage, an inheritance, a gift from someone other than their spouse, and proceeds of an accident case. (I say, “can be” as there is much more to it. Marital property is often, but not always, divided equally.)
Attorney fees can be awarded to enable a party to have legal representation. It is to make the process fair. Attorney fees are based on the income, assets and other factors.
A cautionary note: I am a New York divorce attorney with 32 years of experience. My articles are for general information and can be helpful in getting you to think about the issues that come up. It is not a substitute for getting legal advice from a divorce attorney. Readers should not rely on these articles or take action based on it. Everyone’s circumstances are different and the law is far more complex than what can go into these articles. For those who need it, be sure to get legal advice from a divorce attorney.
This article is written by a member of the Oxman Law Group, PLLC (www.oxmanlaw.com). Any comments or inquiries are welcome and can be directed to Marc Oxman at 914-422-3900 or moxman@oxmanlaw.com.
