New York Divorce Report - New York's Divorce and Family Law Blog

In a front page article, Binyamin Appelbaum in the New York Times explored the newest trend in divorce-third parties are investing in and funding divorces.  A funding company “invests” in a divorce and advances the litigant money to pay the costs of the divorce.   The litigant repays the loan at the conclusion of the case- generally as a percentage of their “winnings.”  According to Stacey Napp, the founder of one funding company, Balance Point, “Everybody knows somebody where at the end of the day, the divorce was not equitable,” she said. “We want to help those people, the underdog, to make... More

To the list of things Bernard L. Madoff has been blamed for ruining — retirements, lives, reputations — add another: a clean breakup.” The New York Times is reporting that a husband (a lawyer), who, entered into a settlement agreement distributing marital assets, which included an investment in Madoff’s hedge fund, is seeking contribution from his ex wife for the post-divorce losses sustained in the Ponzi scheme. Rather than splitting an investment in the Madoff hedge fund, the husband gave the wife $2.7 million in cash and held onto the account. Of course, the account is now worthless. The husband... More

Citing a recent New York Times article, Victor Medina in the New Jersey Divorce and Family Law Blog, comments on the rise in the use of post-nuptial agreements, a trend I noted several months ago, here. Mr. Medina gives a great description of what post- nuptial agreements really are: What are “post-nuptial agreements”? Well, unlike pre-nuptial agreements, which deal with parties interested in getting married before they’re actually married, and unlike property settlement agreements, which deal with parties interested in not being married after they’re actually married…post nuptial agreements are intended for a married couple who did not previously enter... More