No-Fault Laws Make it Easier to Divorce in NY

While New Yorkers welcomed the news of the no-fault divorce bill - the new law that ends the practice of assigning blame for the breakdown in a marriage and makes it easier to divorce - there were two additional and equally significant laws that were also signed and unfortunately overlooked.

“The real news here isn’t just no-fault divorce, it's also the two statutes that have slipped under the radar, which may ultimately lead to more litigation and complications, rather than streamlining the divorce process,” says Steven M. Rabinowitz, a partner in Pryor Cashman’s Family Law practice in New York.

Supplementing the no-fault divorce bill is the new statute all-but requiring a wealthier spouse to pay the legal fees of his or her former partner who earns less – a bitter pill to swallow if the earners’ incomes are only separated by a few thousand dollars.  “This regulation may lead to all kinds of half-baked legal motions filed by less wealthy parties, since the other side will be footing the bill,” adds Rabinowitz. Also signed was the interim maintenance statute, which requires judges - for the first time in New York’s history - to use a specific formula for calculating interim spousal support while a divorce is pending.  “The new interim maintenance formula falls short by failing to consider child support, health care costs, mortgage or rent payments, all critical components of divorce settlements,” notes Rabinowitz.   "New York family law has finally caught up with the nation by adopting no-fault divorce, which will make divorcing much simpler and cheaper for many couples.  But it remains to be seen whether the accompanying interim maintenance and counsel fees statutes will have the same result."


Steven Rabinowitz, Judy Poller and Don Schuck, partners in Pryor Cashman's Family Law practice, are all available to comment on the impact of these new divorce laws. [08/23/2010]