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Articles
Prenuptial Agreements: Statute of Limitations During Divorce
Submitted By: Elliot D. Samuelson On: Sep 9th 2009
Category: Marital Property Division, United States
The law giveth and the law taketh away...as did the New York State legislature when Governor Spitzer signed into law July 3, 2007...
Enhanced Earnings Evaluations of Exceptional Wage Earners
Submitted By: Elliot D. Samuelson On: Jul 21st 2009
Category: Marital Property Division
Although not commonly known or appreciated, a corporate executive going through a divorce will have his exceptional wage earning abilities valued, and distributed in part, to their spouse during a divorce...
Matrimonial Law: Collapsing Like a House of Cards?
Submitted By: Elliot D. Samuelson On: Jul 21st 2009
Category: Prenuptial Agreement
The recent economic crisis in this country has caused many economic scholars to reflect on the root causes. Paul A. Samuelson, the first American to become a Nobel Laureate in economics, opined in a recent column...
Equitable Distribution: Where Have we Gone Wrong? Pg 2
Submitted By: Elliot D. Samuelson On: Jul 21st 2009
Category: Marital Property Division
Even though the courts seem for the most part, to be unconcerned with marital fault, (seeking in most instances to have the parties take an inquest on constructive abandonment) fault continues to remain a part of the Domestic Relations Law.
Equitable Distribution: Where Have we Gone Wrong?
Submitted By: Elliot D. Samuelson On: Jul 21st 2009
Category: Marital Property Division
On July 19, 2005, the equitable distribution statute celebrated its twenty-fifth anniversary. It is particularly interesting to note that even after the courts have struggled with the statute’s complexities over these many...
When Should Non-Durational Maintenance Be Awarded - Part 2
Submitted By: Elliot D. Samuelson On: Jul 21st 2009
Category: Marital Property Division
The court went on to note that there was a plethora of cases awarding non-durational maintenance but pointed out that these decisions focused on the inability of the dependent spouse to become self-supporting.
Divorce and Evaluation of Your Business
Submitted By: Elliot D. Samuelson On: Jul 21st 2009
Category: Marital Property Division
Anyone going through a divorce who has an interest in a closely-held or family business should be most concerned about the control of the business after divorce...
Income Based Maintenance Near Retirement?
Submitted By: Elliot D. Samuelson On: Jul 21st 2009
Category: Spousal Support
Frequently clients of advanced years nearing retirement age, may be faced with the prospects of retiring yet still being responsible...
Fault Divorce: A New York Disgrace
Submitted By: Elliot D. Samuelson On: Jul 21st 2009
Category: Types of Divorce, New York
As of this writing, New York remains the only state in the Union to require fault to obtain a divorce. In doing so, couples going through divorce litigation must expend needless additional dollars...
When Should Non-Durational Maintenance Be Awarded
Submitted By: Elliot D. Samuelson On: Jul 21st 2009
Category: Marital Property Division
Since the passage of the equitable distribution law on July 19, 1980 which set forth new standards for the award of maintenance, the courts have grappled with the issue...