NYLE - New York Law NY Matrimonial & Family Law Questions and Answers — Questions and Answers
Question 1: A couple is divorcing in New York. One spouse wishes to use the 'no-fault' ground for divorce. Under Domestic Relations Law § 170(7), what must be alleged under oath regarding the state of the marriage?
- The marriage has been irretrievably broken for one year.
- The spouses have lived separate and apart for six months pursuant to a court order.
- The relationship has broken down irretrievably for a period of at least six months. (Correct answer)
- There are irreconcilable differences with no prospect of reconciliation.
Correct answer: The relationship has broken down irretrievably for a period of at least six months.
New York's no-fault ground for divorce, found in DRL § 170(7), requires one party to state under oath that the relationship between the spouses has broken down irretrievably for a period of at least six months. A one-year period is associated with grounds based on abandonment or living apart pursuant to a separation agreement, not the no-fault ground.
Question 2: When a New York court is making an initial determination of child custody, what is the primary legal standard it must apply?
- The preference of the child, regardless of age.
- Which parent has greater financial resources.
- The parent who was the primary caretaker during the marriage.
- The best interests of the child. (Correct answer)
Correct answer: The best interests of the child.
The controlling standard for all child custody determinations in New York is the 'best interests of the child.' While factors such as who was the primary caretaker, the child's preference (depending on age and maturity), and each parent's stability are considered, they are all subservient to the overarching 'best interests' standard. Financial disparity is typically addressed through child support, not by being the sole determinant of custody.
Question 3: A couple in New York City is getting divorced after a ten-year marriage. They have two children, ages 8 and 10. The non-custodial parent earns $120,000 annually, and the custodial parent earns $80,000 annually. Under the Child Support Standards Act (CSSA), what percentage will be applied to their combined parental income up to the statutory cap to determine the basic child support obligation?
- 17%
- 29%
- 25% (Correct answer)
- 31%
Correct answer: 25%
The Child Support Standards Act (CSSA) sets forth specific percentages of combined parental income to be used for calculating basic child support. For two children, the applicable percentage is 25%. The other percentages listed are for one child (17%), three children (29%), and four children (31%).
Question 4: Which of the following is NOT a required formality for a valid and enforceable prenuptial agreement under New York Domestic Relations Law § 236(B)(3)?
- The agreement must be in writing.
- The agreement must be reviewed by independent legal counsel for each party. (Correct answer)
- The agreement must be subscribed by both parties.
- The agreement must be acknowledged or proven in the manner required to record a deed.
Correct answer: The agreement must be reviewed by independent legal counsel for each party.
DRL § 236(B)(3) requires that a marital agreement be (1) in writing, (2) subscribed by the parties, and (3) acknowledged or proven in the manner required to entitle a deed to be recorded. While having independent legal counsel review the agreement is highly advisable and strengthens its enforceability against challenges of duress or unconscionability, it is not an absolute statutory requirement for the agreement's validity.
Question 5: In a New York divorce action, a spouse's medical license, which was earned during the marriage through the joint efforts and financial support of both spouses, is subject to equitable distribution. How is this asset typically handled by the court?
- The license itself is awarded to the non-titled spouse as separate property.
- The court will consider the contributions made to the attainment of the license and may make a distributive award of its value. (Correct answer)
- The license is considered separate property of the titled spouse and is not subject to distribution.
- The value of the license is automatically divided 50/50 between the spouses.
Correct answer: The court will consider the contributions made to the attainment of the license and may make a distributive award of its value.
Under New York's Domestic Relations Law, while a professional license itself is not property that can be divided, the enhanced earning capacity it represents is considered marital property subject to equitable distribution. The court will consider the direct or indirect contributions of the non-titled spouse to the acquisition of the license and may make a distributive award of money to achieve an equitable outcome, rather than awarding the physical license or mandating a strict 50/50 split.
Question 6: A New York court is determining a post-divorce maintenance award for a spouse after a long-term marriage. Which of the following factors is the court LEAST likely to consider as a primary determinant under the Domestic Relations Law?
- The age and health of the parties.
- The marital fault of either party leading to the divorce. (Correct answer)
- The present and future earning capacity of both parties.
- The standard of living of the parties established during the marriage.
Correct answer: The marital fault of either party leading to the divorce.
While New York law allows for fault-based divorces, marital fault is generally not a factor in determining the amount or duration of post-divorce maintenance, unless the conduct is so egregious that it shocks the conscience of the court. The statutory factors listed in DRL § 236(B)(6)(a) focus on economic considerations, such as the parties' age, health, earning capacity, and the established standard of living, to ensure a fair economic outcome.
NYLE - New York Law NY Matrimonial & Family Law Questions and Answers
A couple is divorcing in New York.
One spouse wishes to use the 'no-fault' ground for divorce.
Under Domestic Relations Law § 170(7), what must be alleged under oath regarding the state of the marriage?