Aiello & DiFalco

In a divorce, marital property is divided according to the state’s rules of equitable distribution. This means that your property is split in a way that is fair and equitable for both parties. It doesn’t necessarily mean an even split. Most assets will be divided equally, especially in cases of long-term marriage. While this sounds straightforward, dividing marital property can become complicated, particularly for couples who have accumulated significant assets.

Our goal is to protect your property rights and achieve the best outcome for you, regardless of your financial situation.

Working out the parenting rights and parenting time management is one of the most important and complicated matters in a divorce, and custody trials are some of the most significant endeavors in family law.

We know that nothing is more important to you than your children. We work with compassion to protect your parenting rights and reach custody agreements that are in the best interest of your children. If custody cannot be settled, we’ll prepare and conduct a custody trial and work towards the best possible outcome.

In New York state child support is calculated through a formula which is based on the income of both parents, the number of their children, and the custodial arrangements. For example, if there is a joint custody arrangement, the parent that earns less is deemed the “custodial parent” and the higher-earning parent will pay child support. There are aspects of child support that call for discretion – and we encourage you to discuss this with your attorney.

We work to navigate any nuances and come to a resolution that ensures that your children are properly supported. We also make sure that if you’re the party with the support obligation, that your financial circumstances and all of the relevant factors are properly considered.

Divorce mediation is the best option for many clients who hope to avoid the stress and costs associated with contested divorce. It is designed to be a more civil and affordable way to legally end a marriage. In divorce mediation, the couple hires a neutral third party, known as a mediator, to guide them through the process. The mediator does not provide either party with independent legal advice.

We act as mediators to resolve both simple and more complex divorce matters, and we do so in a neutral and non-adversarial setting. We can also work with you as your consulting attorneys to help guide you through your meditation with a third party.

During the divorce process, the court may award temporary maintenance to the spouse with lower income – this will continue until the divorce is settled or until the court determines the final spousal maintenance award. After the divorce process, spousal maintenance is intended to be rehabilitative – to provide the spouse with support so that they can get back to work and achieve economic independence.

There are formulas for spousal maintenance up to certain income caps, but beyond that, maintenance is discretionary depending on lifestyle and other factors. There are also guidelines for how long spousal maintenance may be paid after the divorce is finalized. These guidelines are based on the duration of the marriage, the age of the children, time away from work, and other factors.

Prenup agreements are not designed only for celebrities or people with significant assets. Young professionals who are planning ahead or people who have had experience with divorce can especially benefit from prenup agreements.

We regularly negotiate, review and prepare prenup and postnuptial agreements. We work with you to clarify your rights and obligations which may result from a marriage, such as property rights and spousal maintenance. We tailor the agreements to your needs and priorities – to provide you with maximum protection for your assets and your personal concerns.