Category Archives: Divorce

Daughters of Divorce Must Pay Sorority Expenses—Sometimes

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New York Law Journal, September 1, 2023 ●

Alan R. Feigenbaum ●

Do you, in 2023, believe that you have your finger on the pulse of what it means to go through the process of sorority “rush”?  If your answer is “no,” head on over to the immersive world of #bamarush, #bamarushtok, #bamarushtok2023 and/or #RushTok.

Give yourself 5 to 10 minutes observing the lengths to which sorority rushers prepare for the rush experience, not to mention the lengths to which parents bury social media with this TikTok and that TikTok about how they are lending a helping hand in filling their daughters’ rush “bags.”

Data on the cost of being in a sorority varies; you will find some outlets claiming that, for example, it costs students more than $4,000 per semester to belong to a sorority at the University of Alabama. Other outlets show that cost to be between $7,465 and $9,445 at the same university. A general range of costs can also be found on the internet, suggesting $1,000 to $4,750 per semester. In any event, to be blunt, sorority expenses are not cheap.

Which brings us to this question: in a New York divorce, who pays for sorority expenses? We can look to Judge Sondra Mendelson-Toscano’s decision in C.A.B. v. D.S.B. (Family Court, Nassau, NYLJ 7/11/23), for guidance.

Read more on our website.

In the News

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Below is a roundup of the recent awards, recognitions, media, and other accomplishments of our attorneys from around the country.

Chambers High Net Worth 2023 Highly Ranks Blank Rome Matrimonial & Family Law Group and Attorneys
July 20, 2023 – Chambers High Net Worth 2023 has highly ranked Blank Rome’s Matrimonial & Family Law practice group in California and New York as well as co-chairs Kristina Royce and Brett S. Ward and partners Marilyn B. Chinitz, Norman S. Heller, Lois J. Liberman, Morgan Fraser Mouchette, Stacy D. Phillips, and Mary T. Vidas.

Blank Rome’s Linda Kornfeld and Stacy D. Phillips Named 2023 Top Women Lawyers by Daily Journal
June 22, 2023 – Linda Kornfeld and Stacy D. Phillips have been named 2023 Top Women Lawyers by the Daily Journal.

Marilyn B. Chinitz Named Notable Woman in Law 2023 by Crain’s New York Business
June 21, 2023 – Marilyn B. Chinitz has been named a 2023 Notable Woman in Law by Crain’s New York Business, which recognizes “leading female attorneys in New York who are furthering justice and keeping the cogs of commerce spinning.”

Stacy D. Phillips Named a 2023 “Most Influential Person” by Los Angeles Business Journal
June 6, 2023 – Stacy D. Phillips was listed in the 2023 Los Angeles 500 Most Influential People by the Los Angeles Business Journal, marking her eighth consecutive year being honored in this prestigious listing of leaders and executives.

Stacy D. Phillips and Kristina Royce Named 2023 Top 100 Lawyers by the Los Angeles Business Journal
May 22, 2023 – Stacy D. Phillips and Kristina Royce have been named 2023 Top 100 Lawyers by the Los Angeles Business Journal.

Marilyn B. Chinitz and Lois J. Liberman Recognized in Spear’s 500 Legal Indices 2023
May 11, 2023 – Marilyn B. Chinitz and Lois J. Liberman were recognized in Spear’s 500 Legal Indices 2023 Family Law Index.

Michelle M. Gervais Recognized in Tampa’s Top Women in Law by Tampa Style Magazine
May 9, 2023 – Michelle M. Gervais was named one of Tampa’s Top Women in Law by Tampa Style Magazine.

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Attorney Spotlight: New York

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Stacy D. Phillips ●

This edition of Attorney Spotlight highlights one of my honored New York City colleagues in Blank Rome’s Matrimonial & Family Law group—Lois Liberman.

Lois J. Liberman
Partner

A graduate of Wellesley College and the University of Buffalo Law School, Lois boasts more than 30 years of experience in family law, and that experience is proven through the incredible work she does for her clients. Lois is an absolutely exceptional attorney, with a personality that displays a brilliant and empathetic nature, along with an exceedingly practical approach that supports her clients within each individual situation they are facing. 

Lois began working in family law fairly early in her career and has always found herself to be the type of person that anyone could tell their full life story, and Lois would be there to listen. The practice of family law comes naturally to her and the qualities of Lois’ character shine through her legal practice. 

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Friends Matter. Must We Divorce Them Too?

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Stacy D. Phillips ●

Having friends, at any given point and time in life, is a gift. Most really are remarkable people. After all, we cannot choose our family, yet we can choose our friends; and if we are fortunate enough, those friends can become our family. This will not be a minor factor in life if we come to the crossroads of a divorce. It is then we may find out how much our friends really do mean to us, and who really is a lifelong friend.

The very concept of having friends is something we can take for granted. It may be a universal truth that it is more difficult to make friends, or true friends, as we get older. As time goes by, we see that making friends and having friends is not as ubiquitous as it was in the days of the playground, in the halls of high school, or even in college. We so often, all of us, come to a point of realization that those days are behind us, and what we may miss most about the past are our friends.

A new adventure awaits, and as your marriage comes to the crossroads of divorce, it would be no small question as to what will happen to your friendships. Will you have to split the friends as you split the pension, silverware, and furniture? Like the divorce, the answer may not be so pleasing to your heart and soul. Yet regarding friends, you may discover just who is and who is not there with you on your new journey.

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Adjournment Requests in Divorce Litigation: Be Kind

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New York Law Journal, July 17, 2023 ●

Alan R. Feigenbaum ●

Founded by a Marine in 2017, the “Til Valhalla Project” has donated over $1 million to #Mission22 as part of the fight against veteran suicide. This year, the project rolled out a simple message: “Be Kind.” The foundation of the message is straightforward: “With each kind act, we make the world a little bit better.”

On the subject of kindness, we turn to requests for adjournments in matrimonial practice. Requests for adjournments from your opposing counsel (also known as your adversary) are a routine occurrence. Sometimes you may have double-booked. Other times, you might find yourself overwhelmed on one matter and in need of an adjournment on another matter. Or, you might request an adjournment so that you do not miss a milestone involving a family member. And then, there are those times that a request for an adjournment is made for personal reasons, be it due to issues of physical, or mental health.

The question becomes whether and under what circumstances do you, as the recipient of the request for an adjournment, say “yes” or “no.” Once again, no training was provided to us in law school on how to answer this question.

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Love Hurts When You Ignore Your Prenup

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New York Law Journal, June 21, 2023 ●

Alan R. Feigenbaum ●

Summer is, or should be, a time for all things beautiful. Part of that beauty is encapsulated in the joy of summer, non-professional reading. But if there was ever a case to be made that professional reading should be added to your summer reading list, look no further than Judge Jeffrey A. Goodstein’s page turning decision in LSS v. MS, Sup. Ct. Nassau Cty. (NYLJ May 19, 2023).

The decision, which is factually intricate, and replete with poignant legal analysis, reads like a short story—a marriage story, in fact, although without the suffocating cliches that permeate Noah Baumbach’s “Marriage Story.”

Indeed, this marriage story involved a 47-month marriage with two parties who entered the marriage with “significant assets,” and, among other things, a dispute over $1,230 worth of electronics purchased from Best Buy. But that is not the subject of this article, although that aspect of the litigation is, believe it or not, addressed in the decision.

The decision reminds divorce lawyers that we cannot control what happens after a prenuptial agreement is signed. Life happens after a prenuptial agreement is signed, and LSS v. MS shows what can happen as a consequence of disregarding the mandate of a prenuptial agreement.

Read more on our website.

Forensic Custody Evaluations: A Fundamental Human Right?

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New York Law Journal, May 31, 2023 ●

Alan R. Feigenbaum ●

What comes to your mind when you find yourself passing through the cereal aisle at your local Target or Wal-Mart? One cannot help but notice the overwhelming number of choices Americans are given in the cereal aisle. There is a cereal for seemingly each and every palate known to humankind.

For this author, I cannot help but associate the ocean of cereal choices with the plethora of diagnoses that make up the Diagnostic and Statistical Manual of Mental Disorders (DSM). The DSM is considered, or has been considered, the bible, or guide, to diagnosing mental disorders.

It can be difficult to pinpoint which version of the DSM is the most recent; it appears to be the “text revision” released in 2022, known as the DSM-5-TR. The DSM-5-TR includes certain disorders that beg the question whether and to what extent we are entering (or have entered) a point in time where, to some degree, we all have a disorder.

It is with that in mind that I urge you to consider the Appellate Division, Third Department’s decision in Matter of Virginia OO v. Alan PP, 2023 N.Y. Slip Op. 1120 (NYLJ March 3, 2023). Matter of Virginia concerned an appeal from an order of the Family Court of Tompkins County granting an application to modify a prior order of custody.

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A Court Rightfully Protects Spouses of WTC Firefighters

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New York Law Journal, April 14, 2023 ●

Alan R. Feigenbaum ●

When I was in grade school, each day began with the same ritual: stand at attention facing our nation’s flag, place your right hand over your heart, and state, in unison with your classmates: “I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.”

An argument can be made—a convincing argument, in fact—that lawyers should begin their workday as follows: stand at attention, place their right hand over their heart, and state, in unison with their fellow colleagues: “As a lawyer, just because I can make an argument, does not mean that I should make an argument.”

That backdrop leads us to a discussion of Justice Karen B. Rothenberg’s recent and, in my strong view, exceedingly praiseworthy decision in McClean v. The Bd. of Trustees of the Fire Dep’t of the NYC Pension Fund (NYLJ 3/21/2023, Sup. Ct., Kings Cty.).

In McClean, the petitioner, Kathleen McClean, moved for an order annulling the determination of the Board of Trustees of the Fire Department of the City of New York and the New York City Fire Pension Fund which denied her application for a Line-of-Duty Death Benefit pursuant to what is known as the World Trade Center (WTC) Legislation arising from the death of her husband, retired firefighter Dennis B. McClean (“Firefighter McClean”).

Kathleen McClean married Firefighter McClean on July 25, 2000. On 9/11, Firefighter McClean responded to the WTC attack and worked at the site for several months thereafter. In April 2002, Firefighter McClean was injured at the WTC site when a metal beam struck his leg and fractured it in several places. Firefighter McClean thereafter obtained a disability pension in 2002. In 2009, Firefighter McClean was diagnosed with prostate cancer; in 2014, the Pension Medical Board linked his cancer to his WTC exposure (to toxins while working at the site) and his pension was reclassified to that of a WTC accidental disability pension. In September 2021, Firefighter McClean died of prostate cancer.

Read more on our website.

Attorney Spotlight: Los Angeles

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Stacy D. Phillips ●

This edition of Attorney Spotlight highlights one of my Los Angeles colleagues in Blank Rome’s Matrimonial & Family Law Group—Erica Swensson.

Erica Swensson
Of Counsel

Recently promoted to of counsel at the firm, Erica and I first met in 2007 when we found ourselves on opposing sides of a number of cases.

She impressed me so much that she later became my first hire at Blank Rome. It has been a delightful experience seeing my relationship with Erica transform from a worthy adversary to an amazing coworker and friend. Please enjoy learning more about her.

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Divorcing in an Expensive Housing Market

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Stacy D. Phillips

One of the economic aftershocks that stubbornly remains more than two years after the COVID-19 pandemic began is the simultaneous spike in residential real estate prices and rents, and the plummeting inventory of available housing. In fact, between March 2020 and February 2022, the Los Angeles-Long Beach-Anaheim metropolitan area’s median single-family home value spiked 31.4 percent to $936,546, according to Zillow.com’s median home value and market rent reports.

Whether the immediate causes of the expensive market for single-family homes are snarled supply chains, historically low interest rates, or a higher demand for larger houses with more space for an office as a by-product of more flexible remote work arrangements, the market has had a significant impact on clients in the divorces we handle. In some instances, I have witnessed house sellers receiving between 30 and 40 bids during their first (and only) weekend on the market, while in other cases I have engaged in heated court battles over how high or (how low!) to price houses in this difficult-to-gauge market.

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