Robert G. Smith, PLLC
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High Asset Divorce Archives

Divorcing after 50 and retirement

As the baby boomer generation hits and surpasses age 50, an increasing number are choosing to divorce in New York as well as across the rest of the country. For this age group, an important consideration is how their divorces might affect their retirement accounts, and a collaborative divorce process may be in order.

Are 401(k)s subject to property division?

Some residents of New York that have 401(k)s may be concerned to learn more about what may happen to them in the event of a divorce. Retirement accounts, such a 401(k), are generally subject to qualified domestic relations orders that establish the circumstances where the account may be redistributed.

How inherited funds are handled during property division

Before a New York judge can make a ruling about how to divide property in a divorce, a determination must be made about what property is subject to division. Any property that is deemed separate property will be exempt from property division because it is considered to be the sole property of only one spouse.

Legal representation during a high net worth divorce

Individuals who are going through a high net worth divorce in New York can stand to lose a lot if the proceedings are contested. With 35 years of experience handling high asset divorce cases, we are prepared to help you achieve the outcome you desire.

Will finding your iPhone find you a divorce?

When a relationship begins to fail, they say trust is the first causality. And with trust gone, in an age of mobile digital devices, there's an app for that. As more and more of people's lives are encompassed and controlled by their smartphones, they have become a more significant tool that both enables infidelity and cheating and allows the indiscretions to be brought to light.

What happens to your Will when you divorce?

When decide to hire a matrimonial attorney in New York to obtain a divorce, you understand some of the complication that will occur. You will no longer be living with your spouse. This may entail your finding a new place to live, or perhaps they will move out and you will retain the family residence. Or you both may determine that holding on to the current residence is unrealistic or unnecessary.

Grandmother wants a divorce?

Previous generations of those over age 60 rarely divorced. It simply was not done. For religious, cultural and societal reason divorce among grandparents was virtually unheard. No longer. Recent studies, in part begun by the ending of Al and Tipper Gore's marriage, have found that "gray divorce" is no longer a statistical outlier.

How do you know what you're missing?

When your marriage comes to an end, you hire a legal professional to assist, as the technicalities of New York matrimonial law continues enough complexities to cause problems for experienced attorneys, let alone someone who has never even seen a copy of New York's Domestic Relations Law or the necessary corollary, the CPLR (Civil Practice Law and Rules, the rules of court for civil cases).

Wife moves to invalidate prenuptial in Griffin divorce

In a high net worth divorce, money is likely to be the focus of much of the proceedings. In addition to the complexities that result from significant assets and sophisticated investment instruments, it is likely that the spouse who generates the primary income will have taken steps to protect that wealth in the event of a divorce.

Thriving after a New York divorce -- achieving financial security

How can a New York individual have financial security after a divorce? Some people may have concerns that a divorce could leave them financially unstable and/or strapped with debt that was jointly accumulated. However, when a couple approaches divorce with the goal of post-divorce stability, it is possible that this goal can be reached according to the best interests of each individual.

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Robert G. Smith, PLLC
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Phone: 212-499-0940
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