New York's Highest Court Rules That New York Courts Have Jurisdiction to Entertain An Action For Equitable Distribution and Dissolution of a Same sex

The highest appeals court in the State of New York, The Court Of Appeals, issued a decision on March 18, 2010 which determined that New York courts were empowered to consider a case involving a claim for equitable distribution and dissolution of a same sex civil union which was legally entered into in Vermont.

Both parties were New York residents who went to Vermont solely to enter into the Civil Union. After their relationship deteriorated, this action was brought in New York. The case could not be heard in Vermont because to start the case there, one of the parties would have been required to be a Vermont resident for a year before the action was commenced.

The New York Court of Appeals recognized that New York public policy protects same sex couples in many ways. It pointed out that the Public Health Law recognizes civil unions that were entered into legally, and it cited laws and decisions as examples of the protections afforded by the State. The Court concluded that even though New York does not have a specific mechanism to dissolve civil unions, it has the jurisdiction to hear the case and decide the issues.

This decision did not rule on the specifics of what the decision should be, but only that the lower court had the jurisdiction to hear and decide the case.The case was sent back to the lower court to hear and decide the issues.

Retirement Plan Basics for Divorcing Or Separating Couples

There are two basic types of retirement plans. Those that are defined by the benefits paid, and those that are defined by the contributions made. Retirement plans that are defined by the benefits paid are are referred to as “Defined Benefits” plans. Defined benefits plans are what most people think of as pensions. Those plans tell you how much you will receive, usually on a monthly basis, when you retire. The amount is usually based on your earnings and the amount of time spent in the pension system. Many public employees have this type of retirement plan.

A plan defined by its contribution, sets the amount by the amount that you have contributed into the plan, often with matching contributions from the employer. Those types of plans are referred to as “Defined Contribution” plans. Periodically, the trustee issues a statement showing how much is in the plan. Examples of this type of plan are IRA, 401K, ESOP, Profit Sharing, Tax Deferred Annuities.

The value of a Defined Contribution plan is easy to determine: The balance is shown on the statement similar to a bank account. The value of a Defined contribution plan is more difficult to determine, and if the administrator of the plan cannot provide a value, it may be necessary to hire an accountant or other financial professional to do the computation. Dividing retirement plans require court orders (Qualified Domestic Relations Orders, known as QDROs). They are very technical in nature and require special expertise.

Retirement is the most complex and difficult area of Divorce Law. . Mistakes may not be discovered until many years after the divorce. Many divorce lawyers and mediators do not have the knowledge to handle retirement benefits, and they bring in experts who specialize in that area to deal with that part of the case.. You should ask your attorney what he or she knows about QDROs. and how he or she expects to handle it. An attorney who downplays the difficulties should make you uncomfortable, and lead you to ask exactly how much experience he or she has dealing with retirement plans and preparing QDR

How To Obtain Your Truly Free Credit Report

I always recommend that my divorcing and separating clients obtain ans share their credit reports to make sure that there are no surprise debts or credit lines. People may discover that they have credit cards in their name that they were not have aware of, and obtaining the report early in the divorce process presents the opportunity to correct inaccuracies that could impact ability to qualify for credit, or even for employment.

A Federal Law requires the three credit reporting agencies : Equifax, TransUnion and Experian, to provide consumers with one free credit report every year, upon proper request. You have the right to get your free credit report from AnnualCreditReport.com (877 322 8228). The website contains ads for the services of the agencies for which there are fees, so be sure to click the link for the free report. You may also want to visit the website of the Federal Trade Commission, FTC.GOV, for more information.