For many couples, the decision to separate doesn’t happen overnight. It builds over time through difficult conversations, strained emotions, and a growing realization that the relationship is no longer working. But once that decision is made, the next big hurdle often isn’t emotional. It’s financial. Planning for the realities of divorce on Long Island means looking at the dollars and cents behind it. And while no two divorces look the same, there are common factors that can help you understand what to expect.
Several elements directly influence how expensive your divorce may become:
An uncontested divorce occurs when both spouses agree on major issues like property division, child custody, child support, and spousal support. Because agreement exists, these divorces are typically quicker and significantly cheaper, often ranging from $3,000 to $6,000 on Long Island.
Conversely, contested divorces, where spouses cannot agree on key issues, require extensive negotiation or litigation. Costs for contested divorces can soar quickly, often ranging between $10,000 and upwards of $50,000 or more, depending on complexity and the degree of conflict.
Legal representation constitutes a substantial portion of divorce costs. On Long Island, divorce attorneys typically charge hourly rates ranging from $400 to $750 per hour, depending on their experience, reputation, and the complexity of your case. The more contentious your case becomes, the higher your legal fees.
The New York State Supreme Court imposes fees for filing divorce papers. Basic court filing fees on Long Island average around $335. Additional expenses may accrue for motions, discovery requests, or court-mandated appearances.
Choosing mediation can significantly reduce divorce costs. Mediators assist couples in reaching mutual agreements without court involvement, generally charging between $200 and $400 per hour. The total cost of mediation typically ranges from $3,000 to $7,000, making it an attractive option for couples seeking a more affordable and cooperative approach.
Litigation, however, requires courtroom hearings and extensive attorney involvement, driving up costs considerably.
Dividing complex assets such as real estate, businesses, retirement accounts, or significant financial holdings adds additional expenses. Appraisal fees, financial expert consultations, and forensic accounting can escalate costs substantially, potentially adding thousands to your final bill.
Child custody disputes are often among the most emotionally charged and costly aspects of divorce. Custody evaluations, psychological assessments, and expert witnesses frequently become necessary, significantly increasing costs. Resolving custody matters amicably can greatly help minimize these additional expenses.
Apart from direct legal fees, other indirect costs can arise, including:
Fortunately, there are proactive steps you can take to keep your divorce more affordable:
Navigating divorce is complicated, both emotionally and legally. An experienced divorce attorney will help ensure your interests are protected while also offering guidance on minimizing unnecessary costs. Hiring a knowledgeable professional who understands Long Island divorce law and procedures can ultimately save you time, money, and stress.
Divorce costs on Long Island vary widely based on your specific circumstances, but understanding the variables involved can help you better manage the financial aspects of this significant life change. Whether your divorce is amicable or contentious, preparing yourself financially and emotionally will significantly ease your transition into this next chapter of life.
If you’re considering divorce and need compassionate, experienced guidance, Chris Palermo can help you navigate this challenging process efficiently. With a deep understanding of family law and a commitment to client satisfaction, Chris Palermo offers clarity, support, and skilled legal representation to ensure your divorce proceeds as smoothly as possible. Contact Chris Palermo today to discuss your situation and learn how he can help you achieve a fair and manageable resolution.
Child support is one of the most important financial considerations for families going through a separation or divorce. In New York, child support laws are designed to ensure that children receive the financial support they need from both parents, even if the parents are no longer together. But figuring out exactly how child support is calculated in New York can feel overwhelming. Between legal formulas, income adjustments, and add-on expenses, it’s easy to get confused.
Let’s break down the child support calculation process in New York in a straightforward, practical way. Whether you’re the parent seeking support or the one who may be obligated to pay it, this guide will help you understand what to expect and how to prepare.
Child support is a court-ordered payment made by the non-custodial parent to the custodial parent to help cover the child’s living expenses. These payments are meant to contribute to food, clothing, housing, education, health care, and other basic needs.
New York follows the Child Support Standards Act (CSSA) to determine the amount of support, and courts generally stick to this formula unless there are special circumstances that justify a deviation.
The first step in calculating child support is determining the combined parental income. This includes nearly all sources of income—wages, salaries, bonuses, investment income, workers’ comp, unemployment benefits, and even certain fringe benefits.
Each parent must disclose their income through a Statement of Net Worth, which the court uses to ensure transparency and fairness.
The state applies the CSSA formula to combined parental income up to $163,000 (as of 2024), as outlined in the New York court’s child support resources.
Once the combined income is calculated, New York uses a specific percentage based on the number of children:
This percentage is applied to the combined income to calculate the total basic child support obligation. Then, that obligation is divided between the parents based on their proportional share of the income.
For example, let’s say the parents’ combined income is $100,000 and they have two children. 25% of $100,000 is $25,000 (annual child support obligation). If Parent A earns $60,000 and Parent B earns $40,000, Parent A’s share is 60% and Parent B’s is 40%. If Parent B is the custodial parent, Parent A would pay 60% of $25,000, totalling $15,000/year in support.
In addition to the base child support amount, New York courts often include add-on expenses that are split between the parents, again in proportion to income. These can include:
The court may also consider other costs, like extracurricular activities, based on the child’s best interests and the family’s standard of living prior to the separation.
While the CSSA formula provides consistency, judges can deviate from the standard calculation if it would be unjust or inappropriate. This might happen if:
If a deviation is made, the court must explain in writing why it’s justified and how the final amount still meets the child’s best interests.
Either parent can petition the court for a modification of child support if there is a substantial change in circumstances, such as:
In most cases, the court will only consider a modification if three years have passed since the last order or if income has changed by 15% or more.
Once a child support order is issued, it becomes legally enforceable. If payments are missed, the state can take steps to enforce compliance, including:
Both parents must understand that child support is not optional—it’s a legal responsibility designed to protect the child’s well-being.
While the CSSA provides a basic structure, child support cases often involve gray areas, especially when income is uncertain or one parent is self-employed. Mistakes or misunderstandings can lead to unfair outcomes or legal complications down the line.
That’s why it’s so important to work with a knowledgeable attorney who can advocate for your interests while making sure the child’s needs are fully addressed.
Child support in New York is guided by clear rules, but the actual calculation process can be complex, especially when dealing with real-life variables like fluctuating income, additional expenses, or custody changes. The goal of the law is to ensure children have the financial resources they need to thrive, no matter what their family situation looks like.
If you’re navigating a divorce or custody issue and need help understanding or negotiating child support, don’t go it alone. Contact Chris Palermo, an experienced Long Island family law attorney, for compassionate, knowledgeable guidance. With decades of experience helping families through divorce and custody matters, Chris can help ensure your rights are protected and your child’s needs come first.
If you’re considering divorce, you’ve likely heard the terms “contested” and “uncontested” thrown around—but what exactly do these terms mean, and how do they affect your divorce process? Understanding the difference between a contested and an uncontested divorce is crucial, as it directly impacts the emotional, financial, and practical aspects of your life. Let’s explore both divorce types, their advantages and disadvantages, and how to decide which option is right for you.
A contested divorce occurs when spouses can’t agree on one or more critical issues necessary to finalize their divorce. These disputes often involve substantial matters such as:
In a contested divorce, because the spouses can’t reach an agreement independently, the court must intervene. Each party typically hires their own attorney to represent their interests, and a judge will make the final decisions after hearing arguments from both sides.
Contested divorces are often lengthier and more complicated than uncontested divorces. Here’s a general overview of the contested divorce process:
Due to the complexities involved, contested divorces can take several months or even years to resolve and are typically more costly because of prolonged legal fees and court costs.
An uncontested divorce occurs when spouses can agree on all major issues related to ending their marriage. They work collaboratively to settle matters without significant disputes. Typically, uncontested divorces cover agreements on:
Because couples have reached an agreement beforehand, an uncontested divorce process moves much quicker and is significantly less expensive.
The steps involved in an uncontested divorce typically include:
An uncontested divorce can often be completed in just a few months, saving time, money, and emotional strain for both parties involved.
The primary difference between contested and uncontested divorces comes down to the level of agreement between spouses. A contested divorce is advisable if significant disagreements exist that cannot easily be resolved, or if one party feels their rights may not be fairly represented without legal intervention.
Conversely, an uncontested divorce is preferable for spouses who maintain a cooperative relationship, have clear communication, and share similar goals regarding the divorce outcome. It is usually less expensive, quicker, and less emotionally taxing.
Uncontested divorces generally offer several advantages:
However, contested divorces can sometimes be necessary, particularly when:
In these scenarios, having the court’s oversight may be essential to reaching a fair resolution.
Choosing the right path between contested and uncontested divorce can significantly affect your future and well-being. Chris Palermo, with extensive experience in family law and divorce mediation on Long Island, understands the complexities involved in both contested and uncontested divorces. Chris is dedicated to helping clients find the most appropriate solutions tailored to their unique circumstances.
If you’re navigating a divorce, contact Chris Palermo today for personalized guidance and a consultation to explore your best options.
Going through a divorce is never easy. Among the most pressing concerns during this challenging period is often the question of financial security—specifically, whether or not you can obtain spousal support, also known as alimony. If you reside on Long Island, understanding how New York State handles spousal support is crucial. Let’s break down everything you need to know in a straightforward, easy-to-understand way.
Spousal support, or alimony, is financial assistance provided from one spouse to another after separation or divorce. It’s intended to limit unfair economic effects resulting from a divorce by offering continued income to the spouse earning less or none at all. This support ensures that both parties can maintain a standard of living comparable to that enjoyed during the marriage.
On Long Island, as in the rest of New York State, spousal support is not automatically guaranteed. Rather, it is determined based on various factors unique to each marriage.
New York recognizes several types of spousal support:
When considering spousal support, Long Island courts evaluate multiple factors outlined by New York State law. Some primary considerations include:
Every divorce case is unique, and a judge will carefully evaluate these and other relevant factors before making a determination.
The length of time spousal support payments last depends heavily on the duration of the marriage and other individual circumstances. New York has guidelines for post-divorce maintenance durations:
Permanent alimony is rare but can be awarded in cases of exceptionally long marriages or where a spouse cannot realistically become self-sufficient due to age or health conditions.
Yes, spousal support agreements can be modified. Life circumstances can change significantly post-divorce. If the financial situation of either party significantly changes—due to job loss, a medical crisis, retirement, or remarriage—courts can reevaluate and adjust the support arrangement.
However, modifications are not automatic. You must petition the court and demonstrate a substantial change in circumstances to justify the revision of the original agreement.
Typically, spousal support obligations terminate upon the remarriage of the receiving spouse. If the paying spouse remarries, it does not automatically terminate the obligation. However, the paying spouse could seek modification if their financial circumstances substantially change due to the new marriage.
In recent years, tax laws regarding alimony have changed. As of January 1, 2019, for federal taxes:
Understanding these changes is crucial for budgeting and financial planning during and after your divorce.
Determining spousal support involves many complex considerations, legal nuances, and emotional elements. An experienced Long Island family law attorney can provide invaluable guidance, ensuring your interests are represented effectively throughout the process.
Chris Palermo has extensive experience in family law matters across Long Island. His approachable and thorough style helps clients feel supported and understood during a challenging life transition. Chris can provide personalized advice, advocate strongly for your interests, and help secure a fair and balanced spousal support agreement that respects your financial needs and long-term security.
If you are navigating a divorce on Long Island and have questions about spousal support or alimony, Chris Palermo is ready to help. His compassionate, client-focused approach ensures you’re never alone in this process.
Contact Chris Palermo today for a consultation and take the first step toward securing your financial future.
If you’re facing the prospect of divorce in Suffolk County, Long Island, one question might loom large: “Do I actually need to go to court?” Understandably, the idea of appearing in a courtroom can add anxiety to an already emotionally charged situation. The good news is that not every divorce requires extensive courtroom battles. In fact, many divorces in Suffolk County can be finalized without ever stepping foot inside a courtroom.
To help ease your mind and provide clarity, let’s explore when court appearances are necessary, when they can be avoided, and what factors influence these outcomes.
In Suffolk County, one of the most straightforward ways to complete your divorce without going to court is by filing an uncontested divorce. An uncontested divorce means you and your spouse have reached agreement on all the essential issues, such as property division, child custody, visitation schedules, child support, and alimony. When this is the case, the divorce paperwork can typically be processed through the county clerk’s office without the need for a formal court hearing.
However, even in uncontested cases, it’s crucial to ensure paperwork is filed correctly and comprehensively to prevent delays or complications. A knowledgeable attorney familiar with Suffolk County’s legal procedures can be invaluable here.
Unfortunately, not all divorces can be resolved without court intervention. You may need to appear in court if your divorce becomes contested, meaning you and your spouse disagree significantly on important issues such as:
In these instances, the court becomes a necessary part of the divorce process, ensuring disputes are resolved fairly and legally.
One highly effective way of avoiding court while resolving differences is through mediation. Divorce mediation involves a neutral third-party mediator who assists both parties in reaching mutually agreeable solutions.
Mediators don’t make decisions for you but facilitate discussions to help you find common ground. Many divorcing couples in Suffolk County prefer mediation because it tends to be less contentious, quicker, and more affordable than litigation.
Advantages of Divorce Mediation:
When mediation successfully resolves disagreements, court appearances are usually unnecessary, aside from submitting paperwork to finalize the divorce.
Hiring an experienced Suffolk County divorce attorney significantly impacts whether court attendance is necessary. Experienced attorneys can negotiate effectively on your behalf, resolve disputes through mediation, and streamline the entire divorce process. If court becomes unavoidable, your attorney will advocate strongly for your interests, ensuring your voice is heard clearly and effectively in court.
Several elements determine whether your divorce requires court involvement, including:
If you’re hoping to avoid court:
Beyond the legal aspects, the emotional burden of divorce cannot be overlooked. Court appearances often heighten stress and anxiety, affecting your emotional well-being. Avoiding court where possible can significantly reduce these emotional pressures, making the overall experience more manageable and less overwhelming.
If you’re considering divorce in Suffolk County and hope to avoid court appearances, consulting a compassionate and experienced divorce attorney like Chris Palermo can make all the difference. Chris has helped many Suffolk County residents navigate divorces efficiently, compassionately, and with minimal stress.
Reach out today for guidance and support tailored to your unique situation. Chris Palermo is committed to helping you achieve the best outcome possible, whether through negotiation, mediation, or, if necessary, advocacy in court. Your peace of mind matters—let Chris Palermo help you move forward confidently.
If you’re contemplating divorce on Long Island, one of your first questions might be, “How long is this actually going to take?” While each divorce is unique, understanding the factors that influence your timeline can provide some peace of mind during what is often a stressful and uncertain period. Let’s explore what affects the divorce process here on Long Island, helping you know what to expect.
The most significant factor influencing your divorce timeline is whether your divorce is contested or uncontested.
Uncontested divorces are typically straightforward because both parties agree on all the major issues, including child custody, division of assets, and support payments. In Nassau and Suffolk counties, an uncontested divorce can usually be finalized within three to six months after filing, provided all paperwork is complete and accurate.
On the other hand, contested divorces occur when spouses disagree on one or more significant issues. These disputes can extend the timeline considerably, often taking anywhere from a year to 18 months or even longer, depending on complexity and cooperation.
Several other factors can significantly impact how quickly your divorce moves through the Long Island courts:
While every divorce is different, here’s a general overview to help you gauge expectations:
You can help expedite the divorce process by:
Remember, divorce isn’t just a legal process; it’s an emotional journey. Ensuring your mental and emotional well-being can positively impact your approach to negotiations and help avoid unnecessary delays caused by heightened emotions. Consider seeking emotional support through therapy, counseling, or support groups during this challenging time.
If you’re facing divorce on Long Island, having a compassionate, knowledgeable, and experienced Long Island divorce and family law attorney on your side can make a tremendous difference. Chris Palermo has spent decades assisting Long Island families through complex and emotional divorces, striving to make the process as smooth and stress-free as possible.
To discuss your specific situation and how you can best move forward, reach out today. Chris Palermo is here to help guide you through each step, ensuring clarity, compassion, and confidence throughout your divorce process.
If you’re facing a divorce on Long Island, one question likely looms large: How is alimony calculated? Whether you’re in Nassau County’s bustling Garden City or Suffolk County’s quiet Huntington, understanding spousal maintenance (as New York calls it) can ease the uncertainty of your financial future. At Palermo Law, we’ve guided countless Long Island families through this process with over 20 years of experience—and we’re here to break it down for you.
Alimony isn’t a one-size-fits-all number plucked from thin air. On Long Island, it’s a blend of statutory formulas, judicial discretion, and your unique circumstances. Let’s dive into how it works, what factors matter, and why a skilled Long Island divorce lawyer can make all the difference.
In New York, alimony—officially “spousal maintenance”—is money one spouse pays another during or after a divorce to ensure fair support. It comes in three flavors:
On Long Island, courts aim to balance the needs of the lower-earning spouse with the paying spouse’s ability to contribute, reflecting New York’s equitable distribution laws. But how do they crunch the numbers?
New York uses a statutory formula to calculate temporary maintenance, giving judges a baseline. As of 2025, it caps the paying spouse’s income at $228,000 (adjusted periodically for inflation). Here’s how it works:
For incomes over $228,000—common in Long Island’s affluent areas like Great Neck or East Hampton—judges can adjust beyond the cap, but they’ll dig into other factors (more on that below).
The length of post-divorce maintenance ties to your marriage’s duration, guided by New York’s advisory schedule:
A 30-year marriage in Mineola with one spouse unable to work? Permanent maintenance isn’t off the table. A 5-year marriage in Babylon? Expect a shorter term—or none if both spouses are self-sufficient.
Long Island courts don’t stop at math. Judges tweak awards based on:
Take a real case we handled: a 15-year marriage in Suffolk County, one spouse earning $200,000, the other at $40,000. The formula suggested $2,000/month, but the judge bumped it to $2,500/month for 6 years, factoring in the recipient’s limited job prospects and Long Island’s high cost of living.
Divorce on Long Island isn’t like upstate New York or even Manhattan. Our region’s blend of suburban wealth (think Roslyn) and working-class roots (like Lindenhurst) means courts see everything from modest cases to high-net-worth battles. Property values, local taxes, and commuting costs to NYC all play a role in what “fair” looks like here. Plus, Nassau and Suffolk County judges often know the local landscape—your attorney should too.
Since 2019, federal tax rules shifted: alimony isn’t deductible for the payer or taxable for the recipient (for divorces finalized post-2018). New York state taxes still allow deductions, but this federal change can affect negotiations. Our team at Palermo Law stays on top of these quirks to protect your bottom line.
The formula’s just a starting point—courts can deviate if it’s “unjust.” That’s where we shine. With decades fighting for Long Island families, Palermo Law knows how to argue your case—whether you’re seeking support or minimizing payments. We’ve seen judges adjust awards up for a struggling spouse in Smithtown and down for a payer stretched thin in Westbury.
Need help with child support too? Check out the official New York State Child Support Calculator from the Division of Child Support Services to estimate those payments alongside alimony.
Ready to Take Control? Don’t guess your alimony outcome. Contact us for a free consultation—our Long Island divorce lawyers will map out your options, from filing in Nassau County Supreme Court to negotiating a fair settlement. Call today or contact us today to get started.
Cohabitation before marriage is more common than ever these days. It is super common for couples in a serious relationship to move in together before marriage. In many cases, these couples rent, but an increasing number of couples are buying a home together before they get married. However, this can lead to some legal and financial complications.
It’s tough to say whether or not someone should or shouldn’t buy a property together before they are married. Everyone’s situation is different and every couple has a different dynamic. Some couples may be able to make this purchase together with zero problems, and others may be on the verge of breaking up and may believe a big joint purchase will stabilize them to keep them together. However, there are some precautions that every couple needs to take before making a joint purchase if that’s what they decide to do.
Some Precautions to Take Before Buying a House or Condo with Your Boyfriend/Girlfriend
First, if it is at all possible, make sure that both of your names are on any ownership and financing documents. This ensures that you both have legal control over the asset. It also prevents one party from potentially abandoning the relationship without having to suffer any of the financial consequences of paying for an asset. The worst-case scenario in this situation would be if one party were to abandon the relationship and not have their name on the property’s ownership. In that situation, it would be possible for them to stick the financial obligation on the other party, causing a huge and unmanageable expense.
Of course, the opposite could happen as well. It would also be possible for the legal owner of the property to evict their partner, causing that individual to become homeless and potentially lose possessions. Clearly, both these situations could leave one person in a disastrous situation, which is why having both parties in legal control is the best move to take.
Second, make sure that you are familiar with how the law treats unmarried couples before making a purchase. All fifty states have fifty different laws, and this is why it is so important to understand how your state would treat your relationship both before and after any marriage may occur. Remember, all states have different procedures for a variety of potential relationship circumstances, including common law marriage or no-fault divorce. Ensuring that you have an adequate understanding of these issues can prevent heartache and financial pain for both of you.
What rights do unmarried couples have in New York?
Generally, unmarried cohabitants do not enjoy the same rights as married individuals, particularly with respect to property acquired during a relationship. Marital property laws and other family laws related to marriage do not apply to unmarried couples, even in long-term relationships. The characterization of property acquired by unmarried cohabitants is less clear than that of married couples whose ownership of property is governed by marital and community property laws. Some property acquired by unmarried couples may be owned jointly, but it may be difficult to divide such property when the relationship ends. There is no obligation of financial support attached to a couple who cohabits, absent an agreement to the contrary. If you are financially dependent on a romantic partner and the relationship ends, the effects of the breakup can be much harsher.
Living together, or cohabitation, in a non-marital relationship does not automatically entitle either party to acquire any rights in the property of the other party acquired during the period of cohabitation. However, adults who voluntarily live together and engage in sexual relations may enter into a contract to establish the respective rights and duties of the parties with respect to their earnings and the property acquired from their earnings during the nonmarital relationship. They may also agree to pool only part of their earnings and property, form a partnership or joint venture or joint enterprise, or hold property as joint tenants or tenants in common, or agree to any other arrangement.
Other legal issues that may affect cohabiting couples include estate planning and medical care. Generally, someone who cohabits with another is not considered an heir under the law or has the same rights to make medical care decisions in the same manner as a spouse. Therefore, unmarried cohabitants may consider estate planning and power of attorneys in addition to having a non marital agreement.
COVID-19 has turned the world upside down, and the legal system in New York is no exception. Governor Cuomo and the New York State Chief Administrative Judge, Lawrence K. Marks, have issues several Orders pertaining to the laws in New York State and how same is being handled during this unprecedented time. .
Pursuant to those Orders, no new filings of legal actions, including divorces, can be filed at this time. Additionally, if you were served with a Summons and Complaint prior to the issuance of the order the time frame to respond to same is now suspended and tolled. The dates for discovery demands and discovery responses have also been suspended and tolled. However, a new divorce matter can be filed as long as it accompanied by a motion for an essential emergency matters as discussed below.
While the Courts in the state of New York are closed, motions for essential emergency matters are still being heard virtually, via Skype for Business, and in rare necessities in person. In the context of divorces, motions for essential emergency matters consist of temporary orders of protection (including but not limited to matters involving domestic violence), emergency applications related to the coronavirus. extreme risk protection orders (ERPO). If your issue is not one of the enumerated essential emergency matters, it can still be heard by a Judge is the Court deems essential.
As of April 13, 2019, Courts are also beginning to hear non-essential matters virtually as well. That means if you already have a matter pending in Court, you can reach out to the Judge presiding over your matter to schedule a Court conference via Skype for Business or telephone conference. However, in order to obtain a conference you case must warrant immediate court attention. An email can be Judge stating the reason a conference is being requested and the specific issues to be addressed and a description of what recent efforts have been made by the attorneys and/or litigants to address the issues. It will then be up to the Judge to determine whether or not the issue warrants a conference.
Despite the fact that Courts are closed, your divorce matter can still be settled whether you have case pending or not. Palermo Law, P.L.L.C. is open during normal business hours, which is Monday to Friday 9:00 A.M. – 5:00 P.M. Right now, we are also available weekends upon request However, due to the fact that the Governor has Ordered that 100% of the employees of all non-essential business have to remain home, we are currently working remotely. All communication shall take place via either telephone call or video conference. Legal documentation, such as Stipulations of Settlement to complete your divorce matter, can even be signed via video Conference as Governor Cuomo has issued an Executive Order allowing notarizations to be performed over video conference so long as certain steps are taken. Please contact our office in Order to speak to one of the attorneys regarding how we can help you with your divorce during this unprecedented time.
It’s finally started, either you or your spouse has pulled the trigger and commenced a Divorce action on Long Island, New York. When a divorce is commenced in New York State, Automatic Court Orders are put in place. The Automatic Orders are Court Orders, which prohibit certain activities immediately upon commencement of the action and each party is directed to follow them.
The Automatic Orders essentially state that both parties must maintain the “status quo” except in the case of mutual written agreement between the parties or further Court Order. Some of the Automatic Orders are that neither party can sell or dispose of marital assets; neither party can withdraw, transfer, or dispose of any money from their bank accounts, stocks, mutual funds or cash accounts that is not within the ordinary course of business or for customary household expenses; neither party can withdraw money or take loans from their retirement accounts; neither party can cancel the health insurance, the dental insurance, the optical insurance, or the automobile insurance or change beneficiaries on their life insurances and retirement accounts. So you can’t sell your spouses car out from under them, but you can pay your kids tuition.
The Automatic Orders go into effect for the Plaintiff the day that the Summons and Complaint commencing your divorce action is filed. However, the Automatic Orders do not go into effect for the Defendant until they are personally served with the Summons and Complaint and become aware of the orders contained in the documents they were served.
If either party violates any of the Automatic Orders, there are certain legal steps that can be taken to rectify the issue. In Suffolk County, an Order to Show Cause for Contempt of Court can be filed in order to hold one party in contempt for violating the Automatic Orders.
If you have further questions pertaining to the Automatic Orders, how they will affect you or if your spouse has already violated same after an action has been commenced please contact Suffolk County Divorce Lawyer Christopher Palermo directly at his office 631-265-1051 in order to schedule your free consultation.