Divorce and Family Law FAQs

Yes, same-sex couples who are married and meet the residency requirements in Queens may file for divorce here. While the legislature’s intention is that same-sex divorce will be equivalent to opposite-sex divorce, it’s important that you work with a legal team who is well versed on this evolving … [Read more...] about Is Same-Sex Divorce Legal For Couples Who Married In Queens?

There are several requirements you must meet in order to be eligible to collect Social Security from a divorced spouse’s work record. First, the marriage must have lasted longer than ten years and you must not be remarried to a new spouse. Second, you must be 62 or older in order to collect, … [Read more...] about Am I Still Eligible For Social Security From My Spouse’s Work History If We’re Retired And Divorce In Queens?

Allocating student loan debt - and imputing earnings that flow from the enhanced earning power of the degree in question - is a fairly technical process. The court will review a number of factors in determining whether the student loans are separate or marital assets. One of the most … [Read more...] about How Does Queens Handle Student Loan Debt Accrued By My Spouse, While I’m The Higher Earner?

No, spousal support, also known as alimony or spousal maintenance, falls into a category of priority debt that is not dischargeable through bankruptcy. It is possible to discharge some debts related to the divorce settlement after the fact, which can make things like spousal maintenance and … [Read more...] about Is Spousal Support Dischargeable In Bankruptcy?

In most cases, jointly held businesses are treated as marital assets, qualifying both spouses to receive economic benefit as a result of their involvement. As for how the business will be allocated, much of that decision comes down to whether you and your spouse are able to come to an … [Read more...] about How Do Queens Judges Dispose Of Jointly Owned Businesses?