Brooklyn Family Law Blog

If you and your spouse have been talking about getting a divorce and the holidays are upon you, experts recommend waiting until after the festivities are over to begin the process or announce it to family and friends. In fact, studies show that January is a very popular month for divorce filings in New York and around the country. 

According to the Post Gazette, there are numerous logical reasons couples wait until the New Year to file for divorce. While divorce filings increase in January, they peak in March and this may be due to finances. Many parents choose to spend their money on gifts and/or trips for the family over the holidays which leaves a lot less to spend on divorce lawyers or mediators. Waiting until January helps keep things easier in terms of taxes, and a spouse may also be expecting a spring bonus that he or she does not want counted as a joint asset.

Spousal support, which you may hear called alimony, is one form of support ordered during a divorce by a New York court. Regardless of whether you will receive or pay it, it is helpful to understand how the court calculates it. The different factors the court considers will allow it to properly formulate how much you may pay or receive and for how long.

The New York City Bar explains the main basis for figuring spousal support is income. This not only includes the current income of you and your spouse but also earning potential. The court may look at who worked during the marriage. It may consider if one spouse worked to put another spouse through schooling or training. It may also consider how one spouse staying home with the children during the marriage could impact his or her ability to find work now. The court looks into any issue that may impact earning ability, along with the property received as part of the divorce settlement, which qualifies as income.

For many New York residents, the holidays symbolize family time, festive celebrations and annual traditions. For divorced parents, however, the holidays can be a source of anxiety, stress and sadness. Rather than waiting until the last minute, holiday custody schedules should be discussed and decided far in advance so everyone is on the same page and there is less conflict overall. 

WebMD says the most important thing to consider is what is best for the children. This means avoiding conflict at all costs, which usually means spending each holiday separate from the ex. If at all possible, the kids should be involved in the decision-making process so they feel like they have some control and can share what are some of their important activities and traditions. One key to successfully planning the holidays is to step back from previous traditions and be open to making new ones with your children. 

When divorce is on the table, one of the last concerns to arise usually involves privacy. When there is wealth involved, privacy tends to go out the door. If you are headed toward divorce in the Brooklyn area, you may want to work on keeping your personal and sensitive information from becoming public knowledge. 

Think about it. You and your spouse have worked hard for the financially comfortable lifestyle you have enjoyed together. Being part of a high-value relationship has its perks like affording you the means of professional support and keeping you from financial ruin during the divorce process. However, your wealth can also make you and your ex-partner’s personal business the talk of the town. Consider the following suggestions on protecting your privacy in high-value divorce: