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Dutchess County Divorce Law Blog

Alimony can add complexity to divorce negotiations

Divorce can be very complicated. Just ask Kim Kardashian and NBA player Kris Humphries, who finally reached an agreement and finalized their divorce last month, after nearly a year and a half of negotiation.

The two were married in August 2011, but just a few months later Kardashian decided to file for divorce. Humphries asked for an annulment, claiming that their marriage was actually a fraud, staged for Kardashian's reality show. She denied those allegations and sought a traditional divorce and alimony. The terms of the settlement were not revealed, but whatever they were, it certainly took a while to arrive at an agreement. While the marriage lasted only 72 days, negotiations took 536 days.

With gender roles changing, so does responsibility for alimony

The roles of men and women in marriages has been evolving for years. People in New York who are old enough to remember -- as well as viewers of "Mad Men" -- know that we are only a few decades away from very strictly defined gender roles within marriages. For the most part, men left home during the day to work at a job, while women stayed home and raised the children. And if and when a couple got divorced, the husband often owed spousal support in the form of alimony to the wife.

This division of labor is hardly an automatic assumption these days. Much of the time, both parents work outside the home; it is not unheard of for men to stay home while their wives work and earn most of the family's income.

Failure to pay child support results in Rockland County arrest

Issues surrounding child support often cause many problems for couples who are divorcing or separating. Even so, it is vital that the noncustodial parent pay the amount that has been ordered by the court. When it is not paid as ordered, the results can be devastating.

One man in Rockland County found out firsthand what happens when child support is not paid on time. In most cases, individuals are permitted to accrue arrears, which should be paid on over time in an effort to bring the child support account current. However, when thousands of dollars are owed, and no effort to pay has been seen, legal action becomes necessary.

No prenup for Jennifer Aniston and Justin Theroux

A few weeks ago, we discussed the importance of having a solid prenup that is fair and willingly signed by both spouses. After all, what good is a prenuptial agreement if it is not upheld in court? It is about as good as having no prenup, which soon-to-be-married Jennifer Aniston has apparently agreed to.

Aniston has been engaged to actor Justin Theroux since last year. Sources say that although Theroux offered to sign a prenup, Aniston declined. Some say she wants to put her relationship first, not her assets. As we have all read about in several other celebrity splits, however, not having a prenup can be extremely costly for the spouse who is worth more.

Jamie McCourt says she deserves higher divorce settlement

Some New York residents may be following the extremely contentious divorce of Jamie and Frank McCourt. Frank McCourt is at least a partial owner of the Dodgers baseball franchise, which played a major role in their property division discussions. After a lengthy court battle, the couple finally settled on an agreement that left Jamie with multiple homes and $130 million. Now, however, she is arguing that she deserves more.

Whether or not the McCourts' divorce will stand hinges on the value of the Dodgers and whether Frank was truthful about how much the team was worth. Just after they settled their divorce, Frank sold the team for $2 billion. Although documents filed during their divorce show that Frank value the team and all that goes with it at $2 billion, Jamie claims she was led to believe it was only worth $300 million. Now, she says she deserves $770 million more than what she got.

Court says wealthy father doesn't owe child support

Many parents in New York know how important child support payments are. For parents who have difficulty getting by, child support can be a way to ensure their children's needs are met. However, there are rules surrounding child support and who can and cannot be ordered to pay it.

Yesterday, an appeals court in New York ruled that a father who is worth around $20 million does not have to pay child support to his ex, who made no money other than $6,000 a month in child support payments -- a combination of payments from the man in this case and her daughter's father. Without payments from her son's father, she would only make $1,000 a month. While some people may be shocked by this ruling, let's take a look at the law that came into play.

How a prenuptial agreement can get tossed in divorce court

About a month ago we wrote about New York woman who successfully had her prenuptial agreement invalidated in divorce court. The court decided that because the woman and her husband signed the agreement just days before their wedding, she was most likely coerced into signing it. Today, we're going to dive a little deeper into what other factors could get a prenup tossed out.

As we already know from the New York woman's story, a prenuptial agreement must be signed willingly by both parties. Additionally, the prenup must fully disclose the assets of both spouses. Just like in a divorce, a prenup can only be fairly upheld if everything is reported correctly. Hiding assets from a spouse in order to get a better deal will quickly leave you starting a divorce from scratch.

Oil billionaire set to have most expensive divorce ever

When a couple decides to get married, there are many things to consider. Of course, there's the wedding and all that comes with it, but it is also beneficial to consider what could happen in the future. No one gets married with the intent to divorce, but the divorce rate in New York and elsewhere still remains high. Depending on a person's assets and finances, a prenuptial agreement may be worth considering. In that vein, some New Yorkers may have heard about the current divorce between an extremely wealthy couple in Oklahoma.

According to a recent article in Forbes, the couple is set to have the most expensive divorce ever. The husband, an oil mogul, and his wife are divorcing. He is reportedly worth $11.3 billion, most of which comes from his 68 percent stake in Continental Resources -- the company he founded. However, he and his wife did not create a prenuptial agreement, meaning this high-net-worth divorce could leave her with $5 billion.

Don't forget to talk to your kids during divorce

We all know that getting divorced raises challenges for the couple involved. In most circumstances, however, you and your spouse have decided that divorce is the best thing for both of you. Your children, however, may not understand that. To them, their parents are splitting and they might not know why.

Many people in New York know what it is like to watch their parents get divorced. If you do, remember what it felt like. You probably experienced a total upheaval of your life. You had to start splitting time between two homes, holiday traditions were broken, and you had to get used to the fact that your parents broke up. While these situations are inevitable in divorce, the way you talk to your children about it can help ease them through the process.

Protect yourself during divorce by focusing on finances

As some New Yorkers know, when a person first decides to divorce, the emotional aspects often take center stage -- and rightfully so. Your life is about to change dramatically as you go from sharing everything with someone to being single again. While the change can be consuming at first, don't let it overshadow the other important aspects of divorce.

Among those other aspects are your finances. In fact, your finances can play a huge role in the property division aspect of divorce, so even if you're only considering divorce, it's important to take some time to prepare.

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