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Category Archives: Spousal Maintenance

New York Case Addresses Oral Agreements About Spousal Maintenance

A recent case out of the Supreme Court of the State of New York addresses oral agreements about spousal maintenance. The case, Matter of Makris v. Makris (2020), demonstrates that a court will uphold an oral agreement to terminate maintenance. Further, if a party fails to demand maintenance, that failure can constitute a ratification of…
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Completing a Net Worth Affidavit

During divorce proceedings, both parties are required to submit a net worth affidavit. While this has been a traditional practice in New York family courts for years, recent amendments to the form require the inclusion of additional expenses and liabilities. Revisions The recent changes made to the affidavit of net worth form are the first…
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New Rules Instituted for Preliminary Conference Preparation

In New York, when a divorce case has been assigned to a judge, the court is required to order a preliminary conference that must be held within 45 days. Last August, the courts began using a revised form, which has helped streamline the process by clarifying what will be required of the parties at the…
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Spousal Maintenance During and After Divorce

In New York there are two types of spousal maintenance or support: temporary maintenance (or “Pendente Lite”), and post-divorce maintenance Temporary Maintenance Temporary maintenance provides support to spouses with the immediate and reasonable means to maintain a standard of living the same as or similar to the lifestyle they had when married. Temporary maintenance provides…
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Can I Dispute A Common Law Marriage?

In many states, a couple who have not gone through a marriage ceremony can receive the same legal status as a couple who have been formally married. This status is called a “common law marriage.” In a ceremonial marriage, the couple will have filed for a marriage certificate, often planned a wedding or another ceremony…
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