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Mediation Blog

Topic: Expenses | 25 post(s).

December 10, 2019 - {4 minutes to read}  In other posts, I’ve often touted the benefits of working with a financial professional, either together or separately, during a couple’s divorce mediation. In this post, I want to summarize the circumstances under which I think a mediation would progress most easily, and that is if both spouses worked with a financial professional who acts as a neutral. While the training and expertise of the financial professionals would be the sa [...]

September 11, 2019 - {3:30 minutes to read} Both the clients and the mediator want to be sure that the first meeting is productive, both because of the cost involved and because everyone wants to feel that something was accomplished and momentum is building. That’s why at the initial consultation I suggest clients to do the following before scheduling the first meeting: Review the checklist I provide. To the extent that it’s productive for them to do so, I suggest that clients [...]

July 10, 2019 - {3:30 minutes to read} In my last video, I promised some creative win/win options that you could take when it came to the division of your home. Since they could be a little complicated and hard to follow, I thought it would be better to present them in a written blog.    Can’t Refinance Right Now Let’s say that you both agree that there will be a buyout and a refinance, but it will take some time for the “buyer” to qualify for a loan [...]

November 30, 2018 - {3:00 minutes to read} It’s an admonition that many a Hallmark holiday movie has been based upon  ---    "Be Careful What You Wish For." The usual plot is that someone wakes up in the life she always dreamed about, only to find out that the life she had was so much better. In the end, she gets to go back to that wonderful life she never fully appreciated and everything is grand after all. It would be nice if we got those chances in real life, [...]

October 26, 2018 - {4:00 minutes to read} Life insurance is not a topic most people are eager to speak about, let alone if you are separating. But life insurance is a topic you should be prepared to discuss in your mediation. Under New York law, a judge may order a party to obtain and maintain life insurance coverage naming as beneficiaries either the children (for child support) or the spouse (for maintenance) for so long as the party is obligated to pay child support and/or maintenance. [...]

July 27, 2018 - {3:00 minutes to read}  I’ve had clients who completed their mediation and signed an agreement in a few months and others who take years to complete a mediation. While complexity and the amount of conflict surely play a role, there are clearly other factors in play. Not ready for the process yet. It’s unusual for both parties to be in the same place in terms of accepting the end of the relationship. That said, both may agree to move forward with the se [...]

June 6, 2018 - {3:00 minutes to read}  Why would you want to continue living together with your ex after you sign a separation agreement? Many couples feel that financially, they have no choice but to live together. It could be because they are waiting for the closing on the sale of the home before they can both move out or that they agreed that they could both save money for a period of time if they lived together. Living together for any period of time can lead to unintended si [...]

March 14, 2018 - {3:42 minutes to read} Interim agreements are agreements that determine certain terms before the parties sign a comprehensive separation agreement. Some of the topics that may be covered by these kinds of agreements could be:  How to handle the sale of a house; Support and parenting plans; A provision that marital assets stop accumulating as of a certain date; and Arranging for the disposition or purchase of a particular asset. Typically, in my practice, cl [...]

January 31, 2018 - {3:48 minutes to read} While the New York Child Support Standards Act (CSSA) is not perfect, it does provide a sensible framework for addressing the indirect expenses that a parent experiences. These indirect expenses are the most difficult to calculate and the most difficult for the child support payor to understand. “I’m willing to pay 100% of my children's expenses for clothing, activities, medical insurance and expenses — why should I have to pay c [...]

December 5, 2017 - {3:42 minutes to read} I was talking to a colleague recently about a mediation. She was surprised that it took as many meetings as it did to reach a resolution and that the couple almost terminated the process. It was a relatively short-term marriage of a few years, and they had no children, so she had not expected that it would be difficult. I agree that expectations of difficulty are often misleading. At an initial consultation, I can only judge a mediation’s di [...]

November 15, 2017 - {3:42 minutes to read} It’s perfectly normal for most married couples to live their lives without knowledge of the intricacies of separate and marital property in New York matrimonial law. Unfortunately, though, that lack of knowledge can lead to common and innocent “mistakes” and have unintended consequences under the law.Our Typical CouplesA couple maintains only joint accounts and holds all property with the other named on all assets. This has been w [...]

October 4, 2017 - {3:18 minutes to read} In my past life advocating for clients in an adversarial process, getting to the point of splitting the difference was the last settlement proposal, and timing was everything. If your first offer is close to what you really want, there will be little room left to split the difference if your adversary low-balls their demand. For example, if you are looking for $5000 and ask for $5000 in support and your spouse offers $2000, you are going to lose in [...]

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