Michael G. Putter, Attorney at LawMichael G. Putter, Attorney at Law2026-05-28T11:11:26Zhttps://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[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.]]>On Behalf of Michael G. Putter, Attorney at Law<![CDATA[DIY QDROs: Is it possible in New York?]]>https://www.attorneymichaelputter.com/?p=2541352026-04-28T07:34:28Z2026-04-28T07:34:28ZThe problematic one-size-fits-all approach
Online templates may be convenient, but they do not address the unique circumstances in your life. Additionally, the ones you find on the internet may not comply with federal laws and specific plan requirements. By using these, plan administrators can reject your QDRO due to the lack of necessary language.
The risk of losing survivor benefits
In New York, survivor benefits are considered marital property subject to equitable distribution. However, they must be part of the QDRO that a plan administrator approved to be enforceable. Failing to explicitly designate yourself as the surviving spouse for death benefits can cause payments to cease upon the participant's death.
The unexpected tax penalties
While a do-it-yourself (DIY) approach for QDROs can be convenient, it can come with significant costs. Errors in a DIY QDRO can lead to unintended tax consequences, such as failing to facilitate a direct rollover into an IRA.
Why legal counsel is critical for QDROs
QDROs are an area of divorce that requires precision. Handling this by yourself can jeopardize your future. Seeking advice from an attorney who understands the nuances of laws involved in QDROs is wise.]]>On Behalf of Michael G. Putter, Attorney at Law<![CDATA[Can you change spousal maintenance after a New York divorce?]]>https://www.attorneymichaelputter.com/?p=2541332026-04-24T16:18:44Z2026-04-24T16:18:44ZWhat the court may review
New York courts may modify spousal maintenance when a party shows a substantial change in circumstances. In some cases, especially when maintenance comes from a settlement or separation agreement that the judgment incorporated but did not merge, you may need to show extreme hardship.
When an agreement merges into the divorce judgment, the judgment replaces it for enforcement purposes. When an agreement is incorporated but does not merge, it may keep its separate contract status, which can make modification harder.
Common examples of changed circumstances include involuntary job loss or a major pay cut, serious illness or disability that affects work, a large increase in the receiving spouse’s income, major changes in expenses or financial resources and cohabitation that changes financial need under New York law.
These facts do not automatically change maintenance. For cohabitation, the court may look beyond shared housing and review whether the receiving spouse lives with another person in a relationship similar to marriage.
Records that may support your request
You can prepare by collecting documents that show what changed and when it changed. This may include:
Recent pay stubs, tax returns and bank records
Termination letters or unemployment records
Job search records, applications or interview emails
Medical records that relate to your ability to work
Proof of changed housing, health care or child-related expenses
Copies of your divorce judgment, maintenance order and agreement
These records help the court compare your current situation with the facts that existed when it issued the order.
What to review before seeking a change
A maintenance order does not always stay the same, but a change usually depends on more than one event. The court looks at the full picture, including what changed, when it changed and how it affects payment or financial need.
Before you move forward, focus on the verifiable facts. Income records, health information, living arrangements and the terms of your divorce papers can help show whether a modification request has a clear basis.]]>On Behalf of Michael G. Putter, Attorney at Law<![CDATA[Why you did not qualify for spousal maintenance]]>https://www.attorneymichaelputter.com/?p=2541312026-04-06T13:49:23Z2026-04-06T13:49:23ZCommon reasons a court denied spousal maintenance
Courts weigh several factors set out in state law. These factors guide the court in deciding whether spousal maintenance is appropriate. You may not have qualified for maintenance for certain reasons. Some of these can include:
No legal marriage: In a divorce case, maintenance is generally available only if you were legally married.
Financial independence: If your income and assets already cover your reasonable needs, a court may decide that maintenance is unnecessary or should be limited.
Inability of the other spouse to pay: A job loss or sharp drop in income can affect a maintenance award, especially when the other spouse lacks the means to pay.
Short duration of the marriage: If the marriage was brief, a court may find that long-term maintenance is not appropriate, especially if you can become financially independent within a reasonable time.
Remarriage or shared household: Post-divorce maintenance generally ends if the recipient remarries. In some cases, a court order or agreement may also address cohabitation.
If these reasons show that an award would be unnecessary or inequitable, the court can decline support. Courts also assess what is fair under the statutory factors. In New York, a no-fault approach applies, which means spousal maintenance decisions usually focus on financial circumstances rather than blame for the breakup of the marriage. Although courts may consider serious behavior, such as acts of violence, in rare situations.
In practice, judges look closely at factors such as income or standard of living during the marriage. These considerations often explain why judges decide to deny, limit or reduce the maintenance.
Clarity on maintenance decisions after divorce
Clear expectations can ease some of the uncertainty that follows a divorce. When you look at how courts apply these standards, the outcome of your case may begin to make more sense.
In family law matters, details shape outcomes. A careful review of income, assets and living arrangements often explains the court’s decision to deny, reduce or end maintenance. It can also help you see how courts reach similar decisions.]]>On Behalf of Michael G. Putter, Attorney at Law<![CDATA[Can your child choose which parent to live with?]]>https://www.attorneymichaelputter.com/?p=2541282026-03-30T15:53:53Z2026-03-30T15:53:53ZWhat New York law says about child preference
New York courts make custody decisions based on the child's best interests, not solely on the child's wishes. Instead, your children’s wishes may become one piece of the puzzle a court considers. Generally, the court's primary goal is to ensure the child's safety, stability and overall development.
Factors that courts consider beyond children’s preference
In a child custody case, the court weighs several important considerations:
The child's age and maturity level
Each parent's ability to provide a stable home environment
The quality of the relationship between each parent and child
Any history of domestic violence or substance abuse
Each parent's willingness to foster the child’s relationship with the other parent
The court’s responsibility involves looking beyond immediate preferences. It is important to remember that the court aims to create a healthy environment rather than simply granting a child’s request.
Can your children decide where to live at a specific age?
New York law does not set a strict age when a child can choose where to live. However, judges often give more weight to the preferences of older and more mature children.
If your child demonstrates maturity and clear reasoning, the judge may consider their wishes more seriously. Younger children may still express a preference, but the court usually treats those opinions with more caution.
When a child’s preference may matter
Courts also understand that a child's stated preference might stem from factors that do not serve their long-term well-being, such as:
One parent having fewer rules
Guilt or pressure from a parent
Temporary conflicts with the other parent
In these cases, the judge may learn about the child’s views through an in-camera interview. This happens privately in court and allows the child to speak honestly without pressure from either parent.
Understanding your options in a child custody case
When facing a family law dispute, understanding how courts weigh different factors is crucial. Before making assumptions about what your child wants, take time to explore legal counsel on New York's custody laws. A clear grasp of the legal framework helps you make informed decisions and set realistic expectations for your family's future.]]>On Behalf of Michael G. Putter, Attorney at Law<![CDATA[Marriage and risk management: 4 FAQs about prenups]]>https://www.attorneymichaelputter.com/?p=2541272026-03-23T05:40:46Z2026-03-23T05:40:46ZMarriage is a partnership built on shared goals, but it also manages real-world financial risks. Unexpected career shifts, family duties and individual debts can create layers of stress that strain even the most communicative couples. In New York, a prenuptial agreement serves as a proactive management tool that allows a couple to define their own financial landscape. By addressing these practicalities early, partners protect both the marriage and their individual interests through a transparent, legally binding agreement.
1. What does a prenup actually protect?
A prenup helps protect the marriage itself by reducing potential conflicts before they ever start. In New York, marriage is legally viewed as an economic partnership, which means a judge usually decides what is "fair" if a couple separates. A prenup allows you to "opt out" of these default state rules and set your own clear expectations for finances and debt. For example, you can specify that family inheritances or a small business stay as separate property, or define exactly how to manage student loans and joint accounts. By agreeing on these details early, you prevent the misunderstandings over money that often create tension, giving both partners more confidence in their future together.
2. Are prenups only for wealthy couples?
Modern prenups are valuable for couples at every income level because they serve as a comprehensive asset management strategy. While the wealthy use them for large estates, many couples find them essential for protecting retirement savings or a growing business. Beyond asset protection, the process of drafting a prenup requires a full financial audit. This level of transparency helps couples align on household contributions and prevents the "money secrets" that are a leading cause of marital tension.
3. Can a prenup support long-term goals?
A well-drafted agreement acts as a collaborative financial plan that evolves with a couple's aspirations. It can formalize how partners will contribute to a child’s future education or how they intend to fund their retirement together. By putting these intentions in writing, couples create a clear roadmap for their future and reduce the friction that arises during major life decisions. This formal alignment keeps both partners on the same page, which transforms potential uncertainty into a shared sense of security.
4. How do we ensure it is legally sound in New York?
For a prenup to be enforceable in New York, it must meet strict formal requirements that go beyond a simple signature. The document must be in writing and signed with the same formalities as a real estate deed, including a specific notary acknowledgment. It is also important to understand that New York courts always prioritize the "best interests of the child" regarding custody or support. To ensure the agreement stands up to scrutiny, both partners should provide full financial disclosure and be represented by independent legal counsel.
A practical foundation for a shared future
A prenuptial agreement is about defining the ground rules for a secure life together. By discussing finances and potential risks openly, couples build a foundation of trust and improve their long-term communication. Every marriage is unique, so consulting a family law attorney helps create a final agreement tailored to your specific goals. Planning together turns gives couples the confidence that builds a strong foundation for your years ahead.
]]>On Behalf of Michael G. Putter, Attorney at Law<![CDATA[Is it too late to claim your share of a pension?]]>https://www.attorneymichaelputter.com/?p=2541262026-02-24T17:23:01Z2026-02-24T17:23:01ZThe role of the retirement plan administrator
A divorce decree is an agreement between two people, but it does not automatically bind a pension plan. Most retirement plans must follow federal guidelines. These plans require a specific document to pay out money to a nonemployee spouse.
Without this document, the plan administrator is legally required to pay benefits according to the terms of the plan. This often means paying the participant or their current beneficiary.
If your previous attorney did not finish this step, your rights to the pension are not yet active with the company. This is why many people who are 50 or older suddenly discover they are missing out on marital property.
Steps to secure your retirement benefits now
If you are missing your share of a pension, you must act quickly to correct the record before the participant retires or passes away.
Locate your decree and verify it contains specific, enforceable language for both the pension share and survivor benefits.
Draft an order that meets the specific technical requirements of that plan and matches the original decree.
Obtain a signature from a judge to make the order official.
Once the court approves the document, it must be sent to the plan administrator for qualification.
Protecting your financial future
Leaving a pension divided on paper but not in reality is dangerous. If a former spouse enters pay status or retires, federal law and plan terms may make the benefit structure irrevocable. This could prevent the late addition of an alternate payee. An attorney who focuses on family law can review your old decree to see if your rights are still protected.]]>