Michael G. Putter, Attorney at LawMichael G. Putter, Attorney at Law2026-07-10T15:05:10Zhttps://www.attorneymichaelputter.com/feed/atom/WordPress/wp-content/uploads/sites/1303131/2022/09/cropped-Site-MGP-Graphic-32x32.pngOn Behalf of Michael G. Putter, Attorney at Law<![CDATA[What records can help clarify income for spousal maintenance?]]>https://www.attorneymichaelputter.com/?p=2541512026-07-10T15:05:10Z2026-07-10T15:05:10ZDocuments that show earnings over time
In a New York divorce involving financial issues, each spouse generally must complete a sworn Statement of Net Worth covering income, expenses, assets and debts. You may also need supporting documents, including:
Federal and state tax returns from the past three years
Current pay stubs and W-2 or 1099 forms
Business tax returns and Schedule K-1 forms showing profits or investment distributions
Checking, savings and investment account statements
Records of bonuses, commissions or retirement income
Reviewing records from several years can show whether bonuses, commissions, seasonal work or payments from a business cause income to rise and fall. A court may average earnings from several years or review other evidence to estimate what the person typically earns.
Documents that may explain changing earnings
If you or your spouse owns a company, receives cash payments or has changing income, additional documents could clarify available resources. Detailed business records, invoices, credit card statements and loan applications may reveal payments or expenses that do not appear clearly on a tax return.
These records require context. A bank deposit may represent earnings, but it could also come from a loan, transfer or asset sale. Spending alone does not prove that someone earns more than reported. If a spouse does not provide relevant financial information, an attorney may use discovery, the formal process for obtaining evidence. This may include requesting documents from the spouse or using a subpoena to obtain records from a bank, employer or other source.
Put the financial information in context
Collecting documents is only the first step. Business expenses, one-time payments and transfers between accounts can create a misleading financial picture when viewed alone. Understanding the source and purpose of each amount can help you avoid relying on inaccurate figures during maintenance discussions.]]>On Behalf of Michael G. Putter, Attorney at Law<![CDATA[Documents to gather before meeting with a QDRO attorney]]>https://www.attorneymichaelputter.com/?p=2541492026-07-07T16:05:58Z2026-07-07T16:05:58ZDivorce judgment or settlement agreement
Your divorce judgment or settlement agreement is one of the first things an attorney will review because it explains how the court divided your retirement benefits. Even if your divorce was finalized years ago, this paperwork provides the foundation for preparing a QDRO.
If later court orders changed the original terms, bring those as well so the attorney can work from the most current version of your case.
Retirement plan statements
Recent statements help identify each retirement plan and confirm important account details. If you have more than one account, gather the most recent statement for each one so you do not overlook a plan that may require a QDRO.
Plan information and prior correspondence
Anything you have received from the retirement plan can help answer plan-specific questions. Helpful items may include:
These can clarify the plan's requirements and reveal any issues the plan administrator has already identified.
Walk into your meeting prepared
Taking time to organize your paperwork before your appointment can make the conversation more productive and help your attorney determine the next steps quicker. If you cannot find every record, bring what you have anyway. Even if some information is missing, your first meeting can give you a clearer understanding of how to move the QDRO process forward.]]>On Behalf of Michael G. Putter, Attorney at Law<![CDATA[How to protect your financial future in a high-asset divorce?]]>https://www.attorneymichaelputter.com/?p=2541472026-07-03T17:28:30Z2026-07-03T17:28:30ZStart with a complete financial picture
A strong strategy begins with a full review of assets, debts, income and expenses. It also requires accurate property valuation. You cannot protect wealth that has not been identified or properly analyzed. Clear documentation can reduce disputes, strengthen your negotiating position and support a more informed settlement.
Focus on the asset quality, not just quantity
Not all assets have the same long-term value. Some are easy to access. Others come with tax costs, market risks or limits. When planning for life after divorce, think about the quality of your property, not just the amount. This includes:
Business ownership and control: Address business valuation, ownership interests and operational oversight, then decide who keeps proprietary control.
Real estate holdings: Plan for the family home, vacation homes and rental properties.
Retirement and deferred compensation: Review pensions, retirement accounts and future pay rights.
Tax implications: Understand the tax costs of splitting, moving or selling assets.
Privacy and reputation: Keep financial details private and limit public exposure.
Setting priorities early can create more room for strategic settlement decisions.
Avoid mistakes that can affect the future
Too often, you may focus solely on current asset value rather than tax liabilities, liquidity or future growth potential. Rushing into a settlement can lead to avoidable losses. Careful planning can help you stay focused on outcomes that support your life after divorce.
A high-asset divorce often calls for experienced legal guidance. Legal counsel may work with forensic accountants and tax professionals to analyze asset valuation, trace funds, assess tax consequences and structure settlement options. During the divorce process, informed planning can help protect your financial future.]]>On Behalf of Michael G. Putter, Attorney at Law<![CDATA[How are stock options and RSUs divided in a New York divorce?]]>https://www.attorneymichaelputter.com/?p=2541452026-06-25T00:01:25Z2026-06-25T00:01:25ZWhat makes stock options and RSUs marital property
New York law generally treats property acquired during the marriage as marital property subject to division. Stock options and RSUs granted while you were married fall into that category, unless the receiving spouse can show they acquired them as a gift, an inheritance or in exchange for separate property.
The complication arises because stock options and RSUs vest over time. The grant date, the vesting schedule and the date the spouse filed the divorce complaint all matter when determining what portion belongs to the marital estate.
How courts calculate the marital portion of stock options and RSUs
Courts do not treat all stock options and RSUs the same way. New York courts first determine whether the employer intended the grant to reward past services or incentivize future performance, because the answer changes how courts calculate the marital portion.
If the grant rewards past services: Courts generally treat it as entirely marital property regardless of when it vests.
If the grant is intended as a future incentive: Courts apply the time rule or coverture fraction. The formula works like this:
Divide the number of months from the grant date to the date the divorce was filed
By the total number of months from the grant date to the vesting date
Apply the resulting fraction to the total shares or options to determine the marital portion
For example, if the employer granted an RSU 12 months before the spouse filed for divorce, and it takes 36 months to vest in total, courts would classify one-third as marital property and the remaining two-thirds as separate property.
If the shares have not yet vested at the time of divorce, courts typically distribute the non-employee spouse's share on an if, as, and when basis — meaning they receive their portion when and if the shares actually vest.
What you could be leaving on the table
Stock options and RSUs can represent a significant portion of the marital estate, yet they are easy to miss or miscalculate in a divorce settlement. Misidentifying the marital portion or overlooking tax consequences can have lasting financial consequences.
Having legal guidance from a lawyer familiar with how New York courts handle these assets gives you a clearer picture of what you actually stand to receive.
]]>On Behalf of Michael G. Putter, Attorney at Law<![CDATA[Can New York courts consider an academic degree marital property?]]>https://www.attorneymichaelputter.com/?p=2541442026-06-18T13:38:06Z2026-06-18T13:37:22ZHistorically, has New York law treated an academic degree or professional license acquired during a marriage as tangible marital property subject to direct valuation. However, the rules changed completely in 2016. Now, state courts take a different approach.
How is a professional degree factored during equitable distribution?
Unlike a car or a home, an academic degree cannot be divided. Nevertheless, it can still be subject to equitable distribution. For instance, if one spouse worked hard, paid the bills or took care of the home so the other spouse could go to school and earn a degree, the court may consider that sacrifice. Because that degree now helps the educated spouse earn more money, the court might even adjust the division of the remaining marital property to ensure a fair outcome for both parties.
How does it impact spousal support?
While an academic degree by itself doesn’t impact the spousal support, the court may consider the higher incomes earned consequently after getting the degree. To arrive at a figure, the court may make use of a guidance calculator that includes factors such as the incomes of both spouses and the length of marriage. Nevertheless, the court may deviate from this standard calculation practice based on the legal arguments put forward by both parties. For example, a deviation is often granted if the calculated amount fails to fairly compensate a spouse who made substantial non-monetary sacrifices.
Why a legal guide may help
For individuals who spent time helping a spouse earn an expensive academic degree or for those seeking to safeguard their own hard-earned credentials from a spouse, a legal counselor can provide vital assistance. An experienced divorce attorney can thoroughly evaluate the current financial situation of both parties, gather critical financial records and build a compelling case for an adjusted property split. ]]>On Behalf of Michael G. Putter, Attorney at Law<![CDATA[How these professionals can help in your collaborative divorce]]>https://www.attorneymichaelputter.com/?p=2541432026-06-08T13:45:36Z2026-06-08T13:45:36ZCertified divorce financial analyst (CDFA)
When working out support payments and property division, financial transparency between you and your ex is vital. The collaborative process utilizes a singular CDFA to analyze your financial data and properly value your assets. A CDFA will also work with your lawyer to ensure that the final agreement is financially viable for both parties moving forward.
Divorce coaches
During a collaborative divorce, a licensed mental health professional can help you deal with the emotional challenges of the process. They can act like a coach by helping both sides communicate clearly and calm tensions. A divorce coach can also assist you both in identifying the real issues behind conflicts so you can reach a final agreement more smoothly.
Child specialists
If your divorce involves children, a child specialist can speak for them. They can help you understand and respond to your child’s fears and worries.
A child specialist can also help you create a parenting plan that focuses on your child, not just visitation times and custody terms. Working with this professional can be a crucial first step toward healthier co-parenting during and after the divorce.
The support you need to move forward
Unlike a traditional divorce, your lawyer coordinates with other professionals to facilitate and help you through the process. Choosing a collaborative approach ensures that when the marriage ends, you both have the financial and emotional stability needed to begin your next chapter.]]>On Behalf of Michael G. Putter, Attorney at Law<![CDATA[The importance of future-proofing your QDRO terms]]>https://www.attorneymichaelputter.com/?p=2541422026-05-28T11:11:26Z2026-05-28T11:11:26ZMaintaining survivor benefits
When dividing retirement plans, survivor benefits are often overlooked because many assume they are an automatic inclusion in the QDRO. In reality, the QDRO must clearly state that you are to receive survivor annuity benefits if your ex-spouse dies before or after retirement.
Moreover, including the proper language can ensure it applies even if either of you remarries in the future. Specifying that you will still be the surviving spouse protects your share of these benefits, regardless of your civil status.
Contingencies for retirement timing
If your ex-spouse delays or never retires, your QDRO conditions usually stay valid. However, you may not receive your share until they retire or if your agreement allows payment at a specified age.
Whether your ex-spouse has a pension or a more defined contribution plan, it is crucial that the QDRO clearly defines how and when you will get these benefits. Seeking legal guidance can help you review and update the current language in your QDRO agreement.
Getting it right the first time
A poorly drafted QDRO can prevent you from receiving the retirement benefits that you and your ex-spouse agreed on. Your financial future deserves the protection that only comprehensive, clear QDRO terms can provide.]]>On Behalf of Michael G. Putter, Attorney at Law<![CDATA[3 ways to help your child cope with your divorce in New York]]>https://www.attorneymichaelputter.com/?p=2541402026-05-25T13:40:03Z2026-05-25T13:40:03ZMaintaining open and honest communication
It might help to explain the divorce to your child in terms they can understand. Try to avoid keeping them completely in the dark, as uncertainty often creates more anxiety than being open and honest. If you can, explain that the divorce is not their fault and that you still love them deeply.
Encourage your child to ask questions and express their feelings without judgment. They might feel angry, sad, confused or even relieved. All of these emotions are valid. Create a safe space where they know their feelings matter and will be heard. Regular check-ins can help you stay connected to their emotional state as circumstances change.
Keeping routines as consistent as possible
During a divorce, your child might think that the world is unpredictable and chaotic. Maintaining familiar routines may provide them with a sense of stability and normalcy. Try to keep consistent schedules for meals, bedtime, school activities and time with friends.
If you are moving to a new home or your child will be splitting time between two households, try working with your co-parent – assuming you are on speaking terms – to create similar routines in both places. Consistency in rules, expectations and daily schedules helps your child feel grounded. Even small traditions like a regular movie night can provide comfort during uncertain times.
Avoid putting your child in the middle
One of the most harmful things you can do is use your child as a messenger, spy or confidant regarding adult matters. Do not ask them to carry messages to your former spouse or pump them for information about the other household.
Try to avoid speaking negatively about the other parent in front of your child, or forcing them to choose sides. New York family courts tend to look unfavorably upon parental alienation and using your children as messengers. Judges may consider your willingness to foster your child's relationship with your co-parent when making custody agreements.
Establishing stability for your child after a divorce
Divorce can create lasting changes for your child, which means it is important to handle the transition with care and consistency. When you communicate openly, maintain stable routines and keep your child out of adult conflicts, you help them feel more secure and better prepared to adjust to their new circumstances.]]>On Behalf of Michael G. Putter, Attorney at Law<![CDATA[Who gets to keep the house in a New York divorce?]]>https://www.attorneymichaelputter.com/?p=2541392026-05-19T13:34:59Z2026-05-19T13:34:59ZTemporary rights to the marital home
Temporary occupancy rights during a pending divorce do not automatically favor one spouse. Both partners retain the right to live in the home unless a judge grants exclusive occupancy to protect both couples and stop domestic strife. Moving out does not forfeit your ownership stake. This initial living arrangement sets the stage for how state law treats the asset.
How New York law treats the marital property
State law dictates how courts treat the home based on when and how the couple acquired it. Under New York State Unified Court System guidelines for equitable distribution, courts divide assets fairly rather than in a strict 50/50 split. Splits are rarely equal. A house bought during marriage usually counts as joint property, even if the deed lists only one name. Pre-marriage property can still gain marital value. A spouse may claim a share of appreciation from active contributions or funds.
Options for dividing home equity
Spouses generally divide marital value appreciation and overall home equity in three ways. An amicable agreement lets couples choose a method that cuts financial strain and avoids a trial.
Selling the property: The spouses list the house, pay off the mortgage and split the remaining profits.
Refinancing the loan: One partner buys out the other's equity share and removes the departing spouse from the mortgage.
Delaying the sale: One parent remains in the home with the children until a specific milestone, such as high school graduation.
Evaluating these options helps protect residential stability.
Securing your residential future
Residential stability is a top concern during the early stages of a separation. You rarely lose your housing rights overnight, and clear property options exist to protect your long-term financial security. Speaking with a family law attorney who handles New York divorce cases clarifies your rights under state law while building a strong foundation for the future. Collaborative agreements prevent costly courtroom disputes. They also preserve valuable equity.]]>On Behalf of Michael G. Putter, Attorney at Law<![CDATA[Can spousal support be modified after divorce?]]>https://www.attorneymichaelputter.com/?p=2541362026-05-04T15:20:37Z2026-05-04T15:20:37ZWhen can spousal support be modified
In New York, courts may modify spousal support when a substantial change in circumstances affects either party’s financial situation. Examples include:
Not every change will qualify. The change must be significant and go beyond what you expected when you put the order in place. For example, courts may view a reduction in income caused by circumstances outside your control differently than a voluntary decision to leave a job.
The manner of setting support matters
Yes. How you establish the support often determines whether you can modify it.
If a court ordered the spousal support, it may modify the order based on a qualifying change in circumstances. When you set support through a negotiated agreement, the agreement’s terms determine whether you can make any changes. Some agreements permit modification under specific conditions, require proof of extreme hardship or make support non-modifiable altogether.
The exact language of the agreement plays a critical role in determining what options are available.
Evaluating your options
Modifying spousal support often requires you to return to court and present clear, well-documented changes in your circumstances. Courts look closely at the reason for the change, your overall financial picture and whether the situation reflects a genuine shift or a temporary or voluntary decision.
Even when a change feels obvious, the legal standard can be more exacting than expected. Timing also matters, as delays in addressing a change can affect how courts view it.
When you understand where you stand, you can approach the situation with greater clarity and fewer surprises.]]>