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ToughLove is an inside scoop on some of the counsel we give our clients, and ourselves, as we navigate difficult periods in our lives. Join us as we share the good, the bad, and the ugly about getting divorced in New York (and other messy family dynamics).
The Truth About Infidelity Clauses in Prenuptial Agreements
"Make sure your prenup includes an infidelity clause."
At first glance, it sounds like a smart idea. If your spouse cheats, there should be consequences.
From a family law perspective, these provisions are often less practical than they appear. Instead of preventing conflict, infidelity clauses can create new disputes and increase the likelihood of litigation.
If the goal of a prenuptial agreement is certainty and predictability, an infidelity clause may not be the safeguard many people believe it to be.
Find out why we discourage infidelity clauses, the practical challenges involved in proving a violation, and how these provisions can create the very litigation a prenuptial agreement is supposed to avoid.
A Different Approach to Divorce: Why Couples Are Prioritizing Privacy, Preservation, and Control
Most people assume divorce must be a battle. Yet many couples are choosing a different path. After years spent building careers, businesses, families, and financial security, they are focused less on winning and more on protecting what matters most: privacy, family relationships, financial stability, and control over their future. In this blog post, we explore why more couples are approaching divorce with a long-term perspective and what that means for the process.
What To Do Financially in the First 30 Days After Separation
This blog post gives some tips on how to handle your finances in the first month after a divorce or separation. It offers some aspects of your finances that you might not initially consider, like your credit score. It also cautions against making any emotional decisions around money in this stage of your separation and to try and consider your future as much as possible.
College Costs, Child Support, and the “SUNY Cap”: What Divorced Parents Need to Know
This blog post lays out the nuances of paying for a child’s college education after a divorce. Readers will learn that paying for college is not an obligation for parents in New York, but that many divorce agreements include language around college tuition. This blog also explains the “SUNY Cap,” plus how room and board and existing childcare payments can effect a parent’s financial obligation.
Understanding Spousal Support and Child Support in New York
Learn how spousal support (maintenance) and child support are calculated in New York, including statutory formulas, income caps, and when courts may award support above the cap in high-income divorce cases. Understand who pays, how much, and how long support may last.
Dividing Assets in Divorce: Real Property
Navigating the division of real property during a divorce is rarely simple, especially when it involves the primary marital residence, or weekend homes where the family has shared invaluable memories and experiences. Whether your home holds financial or emotional value, understanding your options early can help you make informed decisions that align with your goals.
Generally, there are three potential outcomes when it comes to dividing real property in a divorce.