If your marriage is longer than 25 years and you are getting divorced, there are several potential differences than divorces of couples who are married for less than 20 years.
Typically, marriages of longer than 25 years, the children are either over the age of 18, in college or teenagers. If the children are over the age of 18, there are no issues of custody, as children over 18 years of age are considered adults and not subject to custody. However, you are still responsible to pay child support until a child is 21 years of age.
If the children are older teenagers, then although custody is still technically an issue, the children will have a lot to say as to which parent has custody.
Another difference is that the amount of years that one parent may have to pay spousal maintenance (a.k.a. alimony) is potentially longer for a long-term marriage than a short-term marriage. In New York, typically the amount of years one person may have to pay spousal maintenance is typically based on the length of the marriage, the longer the marriage, the longer the maintenance.
In longer marriages, the married couple may have more assets, or their major asset, their home, may have more net equity than in other shorter-term marriages. Although, the rule is the same, that is, typically all marital assets are divided 50/50, with more assets to divide, their may be more room to trade off assets. For example, one spouse may keep the marital home, but that same spouse may waive the other spouse’s pension.
David Badanes, Esq. and the Badanes Law Office, P.C. have handled numerous long-term marriages. David Badanes understands the unique issues and situation that longer-term marriages experience. If you are seeking legal advice, about your divorce, contact David Badanes, Esq. and the Badanes Law Office, P.C. David Badanes and the Badanes Law Office, P.C. can be contacted at 631-239-1702, email at firstname.lastname@example.org or visit our web site: www.dbnylaw.com. The Badanes Law Office, P.C. has offices in Northport, Suffolk County and in Uniondale, Nassau County.
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