September 19, 2023 -   Pay maintenance in a very short-term marriage? Pay the same amount of maintenance even when income is decreased? Pay maintenance even when a spouse remarried? Agree to share income equally for the rest of your lives? Why would someone agree to do something like that? If you would like more information about mediation, prenups, and family law, check out my website — ClarePiroMediation.com.  [...]

November 1, 2022 -   It’s that time of year when ghosts and goblins abound, scaring the kids and sometimes the adults as well. The overall feeling of being scared, anxious and out of control is very similar to how divorcing parents feel, especially when it comes to their children. A Child Specialist can advise you in ways to help combat those emotions. [...]

October 13, 2022 -   In New York, there is a statute that gives a surviving spouse the right to elect against the Will of a deceased spouse, if that Will leaves them with less than the greater of a third of the estate or $50,000. In a prenup, you can waive that Right of Election if circumstances warrant it. Mediation is a good place to talk about your expectations and what would be appropriate to maintain your standard of living. If you would like more information about mediation a [...]

September 15, 2022 - {3 minutes to read} If you and your spouse have a lot of conflict between you, you're going to want to have as much detail as possible in your parenting agreement. Here are a few tips that can help you to achieve that during your mediation.  1. Speak Up.    Clearly, your mediator is going to be aware of the level of conflict between the two of you and will raise the issues that are most commonly addressed in Separation Agreements in terms of parent [...]

July 13, 2022 - Sometimes there isn’t a lot of conflict between you and your spouse, and you feel that you won’t have any problems with joint decision making but including a default provision in your agreement, just in case things don't go as expected, might be wise. If you would like more information about mediation and joint decision making, check out my website — ClarePiroMediation.com. [...]

February 2, 2022 - No one can tell you how long your divorce will take. If you are litigating, you are at the mercy of your attorney’s schedule, your spouse’s attorney’s schedule, the judge’s timetable and the court’s agenda. This can increase the level of anxiety and uncertainty that you feel. In mediation, the timetable is up to you and your spouse. [...]

December 16, 2021 - {4 minutes to read} The most typical way a pension is divided would be through a Qualified Domestic Relations Order (QDRO). A QDRO provides that, at retirement, the marital portion of the pension will be divided in the way that you have agreed upon in your Separation Agreement, usually 50%. The marital portion is the part that accumulated during the marriage. But you’re in mediation, so you don’t have to do what is typically done. Especially if the QDRO does [...]

August 26, 2021 -   If your spouse has some financial or legal knowledge that you don't, you may feel at a disadvantage in mediation. But you don’t have to give up all of the benefits of mediation just because of your spouse’s profession. The answer is to seek professionals who can help you to become empowered and feel comfortable in mediation, so you can properly advocate for yourself, and make the best decisions you can.     [...]

May 18, 2021 - {3 minutes to read} The idea of a prenuptial agreement is familiar to most people — an agreement that a couple can enter into before their marriage that can provide how property and debt will be distributed in the event of death or a divorce. It can also provide for paying or waiving spousal support. But what exactly is a postnuptial agreement, and why would anyone want one? A postnuptial agreement is an agreement that a married couple can create to do the very th [...]

November 11, 2020 - {4 minutes to read} I recently attended a virtual lecture presented by Maryellen Dance, LMHC from Rochester, NY, focusing on fact versus fiction in terms of anxiety. She had some very interesting suggestions to deal with anxiety that may be helpful, especially when you’re in a particularly anxious time of your life like separating from your spouse. Your fears of the future, or focus on the past, can hinder your progress in a mediation if they hijack your ability t [...]

September 16, 2020 - {3 minutes to read} In an earlier post, I described the benefits of using a financial professional who acts as a neutral in mediation, but sometimes that may not work for you. Here are some factors to consider when deciding which will be best in your case. An Advocate If you choose to have the financial person be an advocate, they would be acting in the same way that an attorney would act on your behalf — looking out for your interests and how to achieve the bes [...]

June 3, 2020 - {3 minutes to read} I recently read an article in the New York Times by Dhruv Khullar, MD, in which he wrote about the possible detrimental health effects of feeling regret. Dr. Khullar believes that doctors often ignore the toll that regret can have on someone: “We often don’t explore the role regret might be playing in the distress many patients and families experience, or acknowledge it when it’s clear that it is contributing to their pain.” [...]