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New York Family Law Monthly

Volume 11 - Number 7 | March 2010

March Issue in PDF Format


Military Retirement vs. Disability Pay
By Janice G. Inman
Even when a lawyer is aware of the complications that can arise, attempts to protect a civilian party’s rights to a portion of a service member’s retirement may go awry. Recent cases in Alaska and Texas illustrate the problems that attempts to work around the laws can cause.

Sex Versus Society
By Karen M. Platt
In last month’s newsletter, we began discussion of a decision from New York’s Appellate Division, Second Department, in which the court concluded that the concept of constructive abandonment could not be extended to permit divorce due to social, rather than sexual, abandonment. The discussion concludes herein.

Tracking Enhanced Earnings Awards
By Ronnie P. Gouz and Benjamin E. Schub
Ever since the 1985 landmark case of O'Brien v. O'Brien was decided by the New York Court of Appeals, the concept of enhanced earning capacity (EEC) has been one of the most controversial areas in New York matrimonial law practice.

NJ & CT News
The latest news from neighboring states.

Decisions of Interest
Recent rulings of interest to you and your practice.