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High-Income Divorce Lawyer in Suffolk County

Don’t Lose Your Future — Protect It

Going through a divorce involves figuring out how to manage a number of different facets. There is property to be divided between the two spouses as well as property that is considered exempt from post-divorce redistribution. A range of financial issues must be worked out, including spousal maintenance. If the spouses have minors in the household, things can become exponentially more complex as the divorcing couple must determine legal and physical custody arrangements or, if they cannot reach an agreement, take the matter before a judge.

Get help from experienced legal professionals when protecting your assets. Contact the Law Office of Robert H. Montefusco by dialing (631) 801-0007 or contacting us online.

Challenges of High Net Worth Divorce

While high-income marriages face many of the same issues as anyone else when going through divorce proceedings — which spouse gets what assets, who will have custody of the children, etc. —these individuals usually command a much larger array of possessions: Multiple homes and properties (sometimes overseas), multiple bank accounts, stock portfolios, stock options, retirement accounts, trust funds, and various other possessions. Sorting through these assets can be a thorny process, and you need a high-income divorce lawyer who has specific experience with these matters.

Types of Property

Courts will analyze all these assets with the aim of determining which should be classified as marital property (belonging to the couple) and which should be classified as separate property (belonging to the individual). As a general rule of thumb, marital property is that which was obtained during the marriage, including property that was purchased by only one spouse. Only marital property is subject to court-ordered redistribution; separate property cannot be touched. It is important to ensure that the courts do not mistakenly classify your separate property as marital property. Our high-income divorce lawyers will help you understand the nature and characteristics of your property.

Real estate holdings must be properly evaluated by the courts. This can be a tricky process, as real estate valuations change over time. As your representatives, we will fight to ensure that the courts apply reasonable standards when applying a price tag to your properties. By the same token, any businesses you own will usually be appraised as well.

Post-divorce tax consequences are another matter that can be especially tricky for high-income individuals. It is likely that your tax situation will change dramatically in the aftermath of a divorce, and any division of assets should take this into account, whether you’re involved in a contested or uncontested divorce, so consult an accountant.

Child Support Caps

In the State of New York, child support is calculated according to the income of both spouses — up to a cap of $143,000 (as per the Child Support Standards Act); a number which changes every two years. Custodial parents whose spouse had an income far exceeding this amount often find that child support payments fail to meet their current financial needs. It is possible, however, for the courts to go beyond this cap under certain circumstances. If you’re facing this situation, our divorce attorneys in Suffolk County and Nassau County can argue for additional support for you and your children.

Prenuptial Agreement

For high-income individuals, a prenuptial agreement is a common way to protect their assets by making arrangements in advance for the division of assets that occurs through a divorce. This allows the spouses to enter into a binding agreement that the courts would be expected to accept. There are a number of pitfalls associated with prenuptial agreements, though. If a “prenup” is not executed properly — for example, if it can be shown that a spouse signed it under duress — the courts may simply throw it out.

High-Income Divorce Attorneys in Suffolk & Nassau County

If you are looking to create a prenuptial agreement, or believe you have the grounds to invalidate a prenup that was executed improperly, please contact the Law Office of Robert H. Montefusco to speak with an experienced divorce attorney serving Suffolk County and Nassau County.

Call (631) 801-0007 to speak with one of the Suffolk County divorce lawyers at the Law Office of Robert H. Montefusco. We serve Islip and Brookhaven.

Testimonials
  • Thanks from our hearts.

    “You were there when we felt our world was torn apart.”

    Matthew

  • Thank you for helping to give me peace of mind.

    “When you told me not to worry you would fight for me I REALLY felt that in your words.”

    Dina D.

  • Robert is not a stranger to arguing a motion. An added benefit that helped with my selection of Robert was his prior background as a Suffolk County Assistant District Attorney.

    “Although I am not an attorney, I deal with a lot of contact, intellectual capital and real-estate attorneys regularly and I’m a pretty good judge of character. Robert’s representation of me was outstanding!”

    Robert D.

  • His passion for his work is unparalleled.

    “He fought for me every step of the way.”

    Genie

  • With Robert’s talent and experience, we never had to go to court.

    “I would definitely recommend Robert Montefusco. Thanks for all that you did for me.”

    Bob

  • Robert Montefusco fought for me & my beliefs.

    “Robert was a realist-he was able to truthfully show the court that I was a very able, willing and capable of parenting my child more than the usual court arrangements.”

    Edward

  • Attorney Montefusco is absolutely the best – – Period.

    “It’s truly a privilege to be represented by an attorney I feel is the best and I never worry when Robert’s by my side.”

    Francis

  • Robert is definitely the one you want representing you through a difficult time that is going to affect the rest of your life

    “Robert was my attorney representing me through my divorce and I couldn’t have asked for any better. The attorney you choose greatly affects the outcome of your divorce and mine would have been horrible if it wasn’t for him. I strongly and highly recommend him. He guided me through with his expert negotiating, leadership, advice and representation. He was realistic of what the outcome was going to be and he was right. His office staff is wonderful and you always get timely responses. Robert is definitely the one you want representing you through a difficult time that is going to affect the rest of your life”

    Alice

  • Honest and trustworthy

    “Honest and trustworthy. Gave great advice and streamlined the process”

    James

  • Robert and his firm were professional effective and did not take any “BS” from the opposite side.

    “I hired Robert Montefusco not one time but two times to represent me for custody of my child Each time I was represented with a favorable outcome. Robert and his firm were professional effective and did not take any “BS” from the opposite side. In a biased court system where the fathers are immediately the underdog , Robert was able to get me a better outcome than most fathers get. For that I highly recommend the Montefusco Law firm.”

    Rob

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