New York: Dejesus v. Dejesus 620 NYS 2d 704 (Stock Options are marital property even if they are exercised after the commencement of the divorce)

parallel parenting

Did your husband or spouse receive stock option from his/her job? In this economic climate, they probably aren’t worth much, (unless if was for McDonalds and Walmart which are two companies doing quite well in spite of the meltdown.) But as a general rule, the Dejesus case stands for the premise that stock options received …

Read moreNew York: Dejesus v. Dejesus 620 NYS 2d 704 (Stock Options are marital property even if they are exercised after the commencement of the divorce)

New York: Wegmen v. Wegmen (Divorcing? What is the value of your husband's hedge fund or start up? Or other business?)

marriage just a big show

Your husband’s been bringing home at least $3,00,000.00 per year from his Wall Street hedge fund or Silicon Valley start up? Well, chances are, he won’t be doing that this year. But if he formed the company during your marriage, it is marital property and if you are getting a divorce, he has to submit to a valuation …

Read moreNew York: Wegmen v. Wegmen (Divorcing? What is the value of your husband's hedge fund or start up? Or other business?)

New York: Wilner v. Wilner, 192 A.D. 2d 524 (gambling can be viewed as wasteful dissipation of marital assets)

desire

Did your husband go to Vegas with his fraternity brothers and run up a tab equivalent to the market value of the house? According to Wilner v. Wilner, that is a no no when a divorce is pending or imminent and that would mean that he has wasted marital assets, a portion of which rightfully …

Read moreNew York: Wilner v. Wilner, 192 A.D. 2d 524 (gambling can be viewed as wasteful dissipation of marital assets)

NEW YORK: Ciaffone v. Ciaffone 645 N.Y.S.2d 549 (1996) That diamond ring your husband gave your for an anniversary present is half his if you divorce

Gwyneth Paltrow engaged

Just so you don’t kick a gift horse in the mouth: any item of jewelry that your husband gives you during the marriage (not your engagement ring) is marital property. What does that mean? It means if you get a divorce, you don’t get to keep it. You either have to sell it to give …

Read moreNEW YORK: Ciaffone v. Ciaffone 645 N.Y.S.2d 549 (1996) That diamond ring your husband gave your for an anniversary present is half his if you divorce

NEW YORK: Hartog v. Hartog 605 N.Y.S.2d 749 (1993) Selling the marital residence, Taxes

VCUSTODY OF NEWBORN BABY

Selling the marital residence, Taxes The Hartog case stands for the principle that when the marital residence is sold, the spouse’s distributive share will be reduced by the taxes. That will include capital gains taxes, if any. The capital gains exclusion for a married couple in New York is about $500,000. So if the difference …

Read moreNEW YORK: Hartog v. Hartog 605 N.Y.S.2d 749 (1993) Selling the marital residence, Taxes

New York: Riechers v. Riechers 679 N.Y.S.2d 233 (Sup. Ct. 1998). A spouse is entitled to half the value of marital assets placed in trust in a foreign jurisdiction

divorce diary of georgina chapman

: Riechers v. Riechers 679 N.Y.S.2d 233 (Sup. Ct. 1998). In Riechers the court determined that the wife would be awarded one-half of the value of marital assets which the husband had thoughtfully placed in an irrevocable trust in a foreign jurisdiction. Remember that marital assets are any assets which are earned, incurrred or created …

Read moreNew York: Riechers v. Riechers 679 N.Y.S.2d 233 (Sup. Ct. 1998). A spouse is entitled to half the value of marital assets placed in trust in a foreign jurisdiction

NEW YORK: Block v. Block, 685 N.Y.S.2d 443 (1999) Contingency fees are marital property

postnuptial agreement

Did you marry a highly successful attorney? Well, you will like this case. It stands for the principle that any contingency fee case commenced before your divorce action is marital property. However, the case makes clear that the the fees should be “divided in proportion to the amount of time expended on the cases during the marriage …

Read moreNEW YORK: Block v. Block, 685 N.Y.S.2d 443 (1999) Contingency fees are marital property

NEW YORK: Matisoff v. Dobi, 90 N.Y.2d 127, 659 N.Y.S.2d 209 (1997). A prenup must be "acknowleged"

divorcing a dentist

A prenuptial agreement must be acknowledged in the manner of a deed in order to be enforceable. Matisoff v. Dobi stands for the principle that without a properly acknowledged agreement, a prenup is not worth the paper it is written on. By acknowledged the law requires that the notary public not only notarize the document, …

Read moreNEW YORK: Matisoff v. Dobi, 90 N.Y.2d 127, 659 N.Y.S.2d 209 (1997). A prenup must be "acknowleged"