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New Tax Treatment of Maintenance and Implications for Divorcing Couples

New Tax Treatment of Maintenance and Implications for Divorcing Couples

There is a lot of buzz lately about possible changes to the tax treatment of Spousal Maintenance. The silver lining in the spousal maintenance cloud is that the payor can take the amount off their taxes as a deduction. The person who receives the maintenance has had to pay the taxes on it as income. […]
  • Posted by Deborah E. Kaminetzky
  • On November 9, 2017
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What’s the Difference between You Guys and an Online Service?

Recently, we had a former divorce client call us with happy news! She is getting married! Both parties have children from their former relationships, professional practices and assets that they would like to go to their respective children when they pass away. Understandably, our former client was a bit concerned about what might happen should […]
  • Posted by Deborah E. Kaminetzky
  • On October 19, 2017
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Thinking of Going Solo? Be Prepared to Practice Law and Run a Business!

A law practice is a business. No matter how good an attorney you are, your practice will not take off without that recognition. This article was written for new solo attorneys, those who are thinking of hanging out a shingle, and those who were dismayed when they saw their tax return for the first time […]
  • Posted by Deborah E. Kaminetzky
  • On October 12, 2017
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Exchanging a Statement of Net Worth in a Divorce

In the divorce process, whether mediated or litigated, one of the most important documents is the statement of net worth. It is a document that outlines the financial health of each party. There are several sections. One section outlines the family data and budget such as how many children are in the home, dates of birth […]
  • Posted by Deborah E. Kaminetzky
  • On October 5, 2017
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Is There Such a Thing as a Simple Will?

Many clients say that “they just want a simple will.” When deciding how to word bequests in a will, we lawyers have to bring up some uncomfortable topics with our clients. Aside from the fact that our client needs to contemplate their own death, they also need to think about and decide what to do […]
  • Posted by Deborah E. Kaminetzky
  • On August 24, 2017
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How I Practice: An Interview with the New York State Bar Association

I am very honored to have had the opportunity to sit down with the New York State Bar Association and share how I practice law and organize my business. NYSBA has wonderful resources on their site, including the How I Practice section, which offers tips, tricks, and lessons to other attorneys. This interview can be […]
  • Posted by Deborah E. Kaminetzky
  • On August 17, 2017
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What is a QDRO?

A QDRO is a qualified domestic relations order. This is an order regarding retirement accounts. In a divorce, retirement accounts are frequently the subject of equitable distribution. Each party would be entitled to their marital share of the other’s retirement accounts. An evaluation is performed using what is known as the Majauskas formula. This formula […]
  • Posted by Deborah E. Kaminetzky
  • On August 11, 2017
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What is a Motion for Attorney’s Fees?

There are several different types of instances within a divorce where one might want to ask the court for attorney’s fees. In a matrimonial action, we might make a motion “pendente lite,” which means “pending the litigation,” for the moneyed spouse to pay the attorney’s fees for the spouse with less money. This type of […]

What is a Waiver of Estate Rights?

In New York, your spouse has something called a right of election. What this means is that no matter what you want to leave them in your will, they have a right to $50,000 plus one third of your estate. So for instance if you die with a will leaving your spouse out because perhaps […]