Oneida County Law Blog

The courts of New York follow equitable distribution laws when it comes to dividing up marital property. Past posts on this blog have discussed how these laws seek to preserve fairness in the division and assignment of marital assets. However, marital property is only one kind of property that must be addressed when a marriage ends. Non-marital property must also be identified and, in some cases, may be disputed when couples elect to pursue a divorce.

Non-marital property is property that is owned by only one of the partners to a marriage. There are different ways that a person may retain non-marital property despite their formalized legal union to their spouse. For example, if a person owned an item of property before they were married and never converted it to marital property, then that item may retain its non-marital status.

New York courts have the power to grant individuals alimony pursuant to their divorces. If, for example, one party would be unable to support themselves due to a lack of income following the finalization of their divorce, then the court may require their ex to provide them with financial support. Generally, individuals should not suffer significant financial hardships just because they want to end their marriages.

However, over time, the financial circumstances of a person may change. A once unemployed individual may work to obtain a degree or may find a good opportunity to re-enter the workforce and make their own wages. A person who receives alimony may discover that they are employable and they have the capacity to support their own needs without the help of their former spouse.

Not all alimony awards are intended to last forever. Although some individuals may be legally entitled to lifelong alimony due to illness or the inability to work, others may only be awarded alimony long enough to get them back on their feet following their divorces. This is particularly true when the ex-spouse is able to work for their own income. To this end, some New Yorkers may see their alimony awards stop because that is how the awards were established in their agreements or orders.

However, even when a person is to receive alimony indefinitely, there are still some events that may bring that obligation to its end. For example, according to the New York City Bar, the death of either the alimony payer or the alimony recipient may terminate the obligation.

You know you want to get a divorce, and the process has already begun. Unfortunately, neither you nor your spouse want to give up your pets. You share two dogs and a cat, a bird and a few other small animals. You both take an interest in caring for them and don't want to give them up.

Your situation isn't uncommon, but an interesting problem is that the courts don't recognize animals as creatures requiring custody but, instead, as assets. Like any other kind of property, the animals can be divvied up upon divorce, but they aren't typically subject to custody arrangements or other similar solutions.