June 5, 2024 -   How can considerable separate assets owned by one spouse impact the equitable distribution of marital property? In mediation, it's up to the couple to determine what they consider equitable, rather than leaving it to a judge or lawyers. This can be approached in several ways, but no matter what a couple decides, they must involve a financial professional to assess the implications of their different options.For more information about mediation, divorce, and famil [...]

November 16, 2022 -   No couple gets married expecting to be divorced, but when creating a prenuptial agreement most couples decide to include a term defining what will be considered marital and separate property. If the couple defines them in a way that limits them, then obviously, there will be limited assets subject to distribution if they do get divorced. If you would like more information about mediation and prenups, check out my website — ClarePiroMediation.com. [...]

June 30, 2021 -   To the extent that your pension was accumulated during the marriage, it would be treated like any other assets subject to distribution. But there may need to be more to the discussion than just what the law provides. [...]

April 30, 2021 - {4 minutes to read} I often receive phone calls from potential clients telling me that they have settled everything and just want me to write up their agreement. When faced with this request, I explain that this is not what I do and why mediation would still be important even if they have discussed and agreed upon terms.  Terms that were Not Addressed Even if there are no minor children, it’s difficult to navigate through all of the terms that need to be con [...]

February 20, 2020 - In this video, the last of the series on Equitable Distribution, we look at the implications of the statute to parties in mediation. It is important for clients to know what the law provides, and what is likely to happen in Court, whether they are in mediation or not. Then, when in mediation, they can make informed decisions as to whether to apply or waive the provisions of Equitable Distribution. [...]

February 5, 2020 -   In my last video, I mentioned marital property as a part of the discussion of Equitable Distribution. In this video, I want to explain the difference between assets that are separate property and those that are considered marital property. [...]

January 22, 2020 - There are 14 factors that are used by courts and attorneys to determine an equitable distribution of marital assets. In mediation, the couple makes these determinations together. Taking the time to review the factors, however, you may find one that resonates with you, and allows you to make a proposal to your spouse that will take into consideration its relevance to you and explain why you think you should get the property distribution that you are proposing in your me [...]

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 3, 2018 - {4:06 minutes to read} “We don’t need to mediate–we agreed to everything already and just want you to write it up.” “We don’t have any assets, so we don’t have anything to talk about.” “We don’t need a separation agreement, we just want to get divorced.” Undoubtedly, as all mediators do, I’ve heard these statements, or variations on them, more often than I can count. It’s understandable, bu [...]

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 [...]

May 3, 2017 - {3:36 minutes to read} I recently attended a panel discussion on how to determine income in a matrimonial mediation. The panel consisted of a litigator, a mediator and a financial professional. The idea was to show the different approaches each would take in cases where income was hard to determine, such as self-employed parties, cash income, other complicated financial situations, or when a party just refuses to disclose relevant information. That got me to thinking abo [...]

August 16, 2016 - {3:30 minutes to read} When I began practicing family law, one of the first lessons I learned was that clients do not consider all assets the same. The one asset that consistently holds a very special place in the heart of a client is a pension. Clients express feeling a different sense of entitlement to their pension because: They performed at a job where their lives, health and safety were placed in jeopardy; They may have taken less in salary for the assurance of [...]