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How do I protect pre-marital money?

Pre-marital funds for marital property: In Alliger-Bograd v. Bograd, 180 A.D.3d 975, (2020) the Suffolk County Supreme Court upheld the trial court’s holding. The trial court held wife should get credits for using premarital funds. The court also made the following financial decisions.

  1. Give Wife Her Money Back: The wife stated that she used her own money from before the marriage to support the husband’s business. The court held that all that money must be given to her in the settlement. She gave money from her stocks, home equity and other loans.
  2. Wife Not Entitled to Husband’s Business: Moreover, the court did not award plaintiff any interest in the defendant’s business. The wife’s only contribution to the business was money and she was paid back. Accordingly, the wife had no right to equity in his business.
  3. Recent Inheritance is Relevant in Alimony: The wife had recently received inheritance. Therefore, the court ruled that her leftover inheritance money had to be subtracted from her total award.
  4. Child Support Standards Act (CSSA) Method When Over Cap: If you add husband and wife’s salary the total is more than the CSSA cap, the courts can choose which methods to apply. They can apply the statutory factors, statutory percentages, or both.
  5. CSSA Flexibility: The CSSA can also apply where the husband and wife have equal custodial time with the children. Moreover, the parent who has a higher support obligation is called the “noncustodial” parent for the purposes of support.

Maintenance Language: The settlement should have addressed death or remarriage as far maintenance. So the Supreme Court added it.

Here is a case where the wife was thorough in terms of protecting herself and it paid off. Just because the money sits in the marital residence, does not mean the wife is not entitled to receive it back if it was hers originally.

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Rubinstein Law Firm

The Rubinstein Law Firm proudly serves all of New York for divorce and other state matters and the whole country on intellectual property related matters.


  • What grounds do I need to file for divorce?
    • New York is a no-fault jurisdiction which means the most commonly cited cause is IRRETRIEVABLE BREAKDOWN IN RELATIONSHIP. So, for example, if your spouse had adultery, it is not really relevant to the actual divorce grounds.
  • Do I file a contested divorce or an uncontested divorce?
    • Uncontested means both parties agree to sign a settlement outside of court and are relatively close in terms of what they want in the terms.
  • How much does the divorce process cost?
    • Uncontested divorces are considerably cheaper, the range is between $1,000-$3,000 depending on complexity. For a contested divorce, it will depend on how willing the spouses are to work together, if so, it can cost as little as $7,000 but if there is excessive fighting the divorce can last years and the sky is the limit.
  • How long before I am officially divorced?
    • Fortunately, NY is not a state that requires a separation period. So as long as you and your spouse have been married for at least 6 months and are an NY resident, you can begin the process immediately. If the divorce is not contested it can be completed in as fast as two months and may take as long as eight months. If the divorce is contested and the parties find it challenging to agree, divorce can go on for many years.

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