Following in the Footsteps of Trailblazers and Serving as Role Models Today for the Next Generation of Women

Stacy D. Phillips ●

When I was growing up, there were only a few visible career choices for women and even fewer high-profile role models. The traditional roles for women outside of being a homemaker and mother (which are truly admirable and hard-working jobs) often included being a teacher, a highly visible profession for women. Being a teacher is a commendable and (sadly) generally unappreciated profession, but it simply was not for me. Women had other professional options, like being in the medical profession as a nurse or doctor, but unfortunately, I hated needles, so I ruled them out quickly.

My mother was a travel agent, and after watching her suffer through that challenging profession, I quickly crossed that one off the list. Before I was born and through my early years, my mother was also a clothing buyer for a department store, which appealed to me more, particularly given my life-long love for clothes and fashion. However, in the end, I would have needed to be sufficiently passionate about retail sales to take the plunge, and I was not.

Following in the Family Business

My father, grandfather, and several relatives were highly accomplished lawyers, making going into the law field a no-brainer. Beyond the considerable influence of my dad, the thing that inspired me to pursue the law was seeing the success of two women who were his law partners. These two high-powered, well-known female attorneys made a lasting impression on me. One played a pivotal role in drafting the equitable distribution statute for the State of New York, which governs the division of assets in the event of a divorce. These trailblazers showed that women could make a difference in this profession and succeed. Their accomplishments resonated with my desire to make a difference, open doors for women, and bring the highest ethical standards to my work.

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A Divorce Court Prioritizes a Family’s Best Interests

New York Law Journal, March 29, 2024 ●

Alan R. Feigenbaum ●

At times, this author has noticed a certain level of dejectedness among matrimonial lawyers in the post-pandemic world, and that includes yours truly. The feeling stems from what many matrimonial lawyers have told me is a sense that our judicial system is understaffed, and in desperate need of more resources.

More specifically, I hear about (and experience) a growing number of motions that are left undecided, judgments of divorce that seem to take eons to get signed (and then entered), and clients who are, accordingly, left somewhat disillusioned by the process.

But most concerning is a sentiment I’ve started to hear recently, which is that the best interests of families are not being prioritized, and not out of any ill will, but simply because our judicial system is overwhelmed and cannot practically keep up with the relentless flow of divorce cases that enter the system daily.

Perhaps that is why, when I read Judge Victor G. Grossman’s recent decision in J.H. v. C.H., 2024 NY Slip Op 50220(U) (Supreme Court, Putnam County), I couldn’t help but smile in complete satisfaction from start to finish, because in this case, a divorce court did what we, as matrimonial lawyers, can only hope for: it prioritized the best interests of a family.

Read more on our website.

Great Strides for Women and the Long Road Still Ahead: My Personal Views of an Inspiring Evening with the Honorable Speaker Emerita Nancy Pelosi

Stacy D. Phillips ●

Stacy Phillips and Nancy Pelosi February 2024
Photo: Courtesy of Public Counsel (Feb. 2024), Hugh Williams Photography

Many civics-minded people dream of meeting and interacting with a former Speaker of the House of Representatives. And despite my profound respect for having risen to the top of her profession, if I am honest, I had not idolized Honorable Speaker Emerita Nancy Pelosi before meeting her a few weeks ago. But I do now.

Not only is Nancy Pelosi someone who has helped to lead our nation over the past few decades, she has also been an unwavering role model and champion for women and a fierce advocate for equality and fairness. But after having the great fortune to meet her and speak with her and hear her talk to a room full of community leaders, I am now a massive fan. Yes, I am duly impressed with her public service and government leadership track record; she blew me away when I learned she was a mother who raised five children before ever seeking public office. Blown away may be an understatement.

We were both attending the annual William O. Douglas Award gala for Public Counsel, the largest nonprofit public interest law firm in the country dedicated to advancing civil rights and racial and economic justice and amplifying the power of our clients through comprehensive legal advocacy. I am the current Vice Chair and the incoming Chair, starting in October of this year. Nancy Pelosi was our distinguished honoree and the recipient of our prestigious Douglas Award, which is named after late U.S. Supreme Court Justice William O. Douglas.

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Let’s Imagine a Ban on Prenuptial Agreements

New York Law Journal, March 5, 2024 ●

Alan R. Feigenbaum ●

Let us begin this writing/reading experience by clearing the air right from the start: the answer is “no”—this author does not believe that prenuptial agreements should be banned. We live in a free country, with free will, and the freedom to enter into contracts is a staple of American jurisprudence.

We tell our clients, rightfully so, that prenuptial agreements are intended to provide certainty to a point where the soon to be newlyweds can rest assured that issues of equitable distribution, spousal support, and rights on death will be safely walled off from the prospect of litigation, or, at least the scope of potential disputes will be limited if judicial intervention becomes necessary.

But if that is the case, then it begs the question why we keep seeing prenuptial agreements at the center of, yes, divorce litigation. There also appears to be a growing sentiment, at least in the podcast ecosystem, that prenuptial agreements may not be worth the paper they are written on.

The title of this article is designed to provoke a discussion about the viability of prenuptial agreements. A cookie cutter, redundant discussion of the elemental components of a prenuptial agreement will, in my view, get us nowhere and answer none of our questions.

Instead, we ought to look at how prenuptial agreements are being interpreted and enforced by our courts to better understand why we, as divorce lawyers, oftentimes see prenuptial agreements as uniquely complex legal instruments that are fraught with the potential for peril.

Read more on our website.

In the News

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


The Unhappiest (or Happiest, for Some) Month of the Year – January is National Divorce Month (Or Is It?)
January 25, 2024 – In this LinkedIn Article, Stacy D. Phillips shares her thoughts on what has become to be known as National Divorce Month.

 
My In-Laws Asked Me to Relinquish Any Claim to $100,000 They Gave Us as a Down Payment for Our House — On the Day We Closed. Is That Legal?
January 25, 2024 – Ory Apelboim was interviewed by MarketWatch discussing marital property rights within postnuptial agreements.
 
Stacy D. Phillips named one of the 2024 Top 10 Super Lawyers of Southern California
January 18, 2024 – Stacy D. Phillips has been named one of the 2024 Top 10 Super Lawyers of Southern California, an honor she has achieved every year since 2013.
 
Stacy D. Phillips named one of the 2024 Top 50 Women Super Lawyers of Southern California
January 18, 2024 – Stacy D. Phillips has been named one of the 2024 Top 50 Women Super Lawyers of Southern California, an honor she has achieved every year since 2005.
 
Stacy D. Phillips named one of the 2024 Top 100 Super Lawyers of Southern California
January 18, 2024 – Stacy D. Phillips has been named one of the 2024 Top 100 Super Lawyers of Southern California, an honor she has achieved every year since 2006.
 
Disarming the Narcissist: with guest expert Wendy Behary
January 11, 2024 – Lois J. Liberman hosted this webinar with Wendy Behary, an author and expert on the subject of narcissism and the approach one should take when dealing with narcissists.
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Attorney Spotlight: New York—Steve Goldfeder

Stacy D. Phillips ●

This edition of Attorney Spotlight highlights another one of my revered New York City colleagues in Blank Rome’s Matrimonial & Family Law group—Steve Goldfeder.

Steven W. Goldfeder
Partner

A graduate of The University of New York at Albany and Brooklyn Law School, Steve has been practicing law for over 30 years and is a fantastic member of our Matrimonial & Family Law team at the firm. A native New Yorker, Steve became involved in matrimonial law right after law school and took to it well. Looking back at his career, Steve appreciates that as a matrimonial lawyer, he has had the opportunity to help people during one of the most difficult parts of their lives. Steve often finds that his clients are very grateful for the help he has provided, which can be the most rewarding feeling as an attorney.

When working with clients who are going through a very emotional divorce, Steve explains that as a lawyer, a “bedside manner” is often just as important as the skills and experience he provides. When a person approaches an attorney to handle their divorce, they do not just want a skilled lawyer. They also need to trust their legal counsel with their life and story despite how the separation impacts them. Steve is a lawyer with the ability to empathize with his clients and to also truly understand them.

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In the News

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


October Is National Domestic Violence Awareness and Prevention Month: My Appeal to You

October 19, 2023 – In this LinkedIn Article, Stacy D. Phillips discusses her thoughts and advice on National Domestic Violence Awareness and Prevention Month.

Celebrity Divorce Lawyers Explain Why There Have Been So Many A-List Splits: ‘It Almost Seems Contagious’

October 19, 2023 – Brett S. Ward was interviewed by People Magazine discussing the numerous amounts of celebrity divorce cases. 

ASK STACY (Vol. 7) – Celebrity Decouplings and Getting Personal About My Likes

October 17, 2023 – In this LinkedIn Article, Stacy D. Phillips answers questions from her readers and podcast listeners and shares her “hot takes” and insights on the issues.

Blank Rome Partners Recognized in the 2024 Lawdragon 500 Leading Family Lawyers

October 13, 2023 – Blank Rome LLP is pleased to announce that 17 Matrimonial and Family Law partners have been named to the 2024 Lawdragon 500 Leading Family Lawyers.

The ‘Final Straw’ That Led to Sophie Turner and Joe Jonas’s Divorce

October 6, 2023 – Michelle M. Gervais was interviewed by DailyMail.com discussing the custody battle resulting from the separation of Joe Jonas and Sophie Turner.

Attention New York Divorce Lawyers: Learn Insurance Law

October 4, 2023 – Alan R. Feigenbaum authored this New York Law Journal article discussing insurance law distinctions in divorced parent cases.

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Attorney Spotlight: New York—Norman Heller

Stacy D. Phillips ●

This edition of Attorney Spotlight highlights one of my revered New York City colleagues in Blank Rome’s Matrimonial & Family Law group, Norman Heller.

Norman S. Heller
Partner

A graduate of Haverford College and Boston University School of Law, Norm has been practicing law for over 40 years and does incredible work for his clients. Before entering the world of matrimonial law, Norm worked as an appellate attorney and later a trial lawyer in the Brooklyn District Attorney’s Office, handling various felony cases and matters while making a name for himself in the profession. Norm then began to practice matrimonial law, where he found himself representing clients in complex divorce, custody, and equitable distribution matters in the states of both New York and Connecticut.

As a lawyer, Norm is and always has been the consummate professional. No matter the situation or client he is working with, Norm is the pinnacle of how a lawyer should conduct him or herself. Norm treats his clients and fellow lawyers with respect, always exuding confidence, and maintains his reputation for fairness with a good nature, even in the heat of a difficult legal battle.

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Protecting Children’s Safety: The Divorce Court’s Awesome Power

New York Law Journal, November 2, 2023 ●

Alan R. Feigenbaum ●

In 2016, ESPN’s 30 for 30 series released “Doc and Darryl,” a documentary profile of the former New York Mets legends Dwight “Doc” Gooden and Darryl Strawberry.

In that documentary, Bob Forrest—identified as an addiction specialist—delivers the following, harrowing words on the issue of substance abuse: “In the end, if you don’t realize how $%@! up you are being a drug addict, you’re probably going to keep $%@! up.”

Outside of divorce practice, some of us have lived the terribly sad experience of trying to help someone who succumbs to substance abuse who does not himself/herself come to the realization that Forrest spoke of in Doc and Darryl.

As divorce lawyers, many of us have crossed paths with this phenomenon as well, which often times manifests itself in the form of a client who, despite handwriting on the wall type evidence of a substance abuse problem, remains adamant that “there is nothing wrong with me.”

When children of divorce find themselves in a situation where one, or both parents, suffer from substance abuse problems, trial judges in matrimonial cases are faced with the daunting task of establishing appropriate protocols to ensure that those same children are kept safe.

Such was the case in the matter of SG v. MG, NY Slip Op 51063(U) (Supreme Court, Nassau County, Oct. 5, 2023) (Dane, J.), where the court had to confront how to address a party’s continued use of Adderall in the context of safeguards surrounding access with the parties’ children.

Read more on our website.

Attention New York Divorce Lawyers: Learn Insurance Law

New York Law Journal, October 4, 2023 ●

Alan R. Feigenbaum and Marilyn T. Sugarman* ●

By a show of hands, how many matrimonial lawyers practicing in the state of New York have heard of the “Age 29 Law”? Anybody? We didn’t think so. Neither of these authors had ever heard of it either.

All of that changed, however, on July 27, 2023, when the Appellate Division, First Department, issued its decision in B.D. v. E.D., 2023 NY Slip Op. 03971.

Before exploring the facts of B.D. v. E.D., we must understand, as best we can, the contours of the Age 29 Law which was enacted almost 15 years ago.

As we are living in a time where, sadly, reading has become passé, rather than dig into the annals of insurance law texts, we elected to find out what the Age 29 Law is through—what else—a Google search.

In order to obtain health insurance coverage under a parent’s policy pursuant to the Age 29 Law (L 2009, ch 240) the “young adult” must satisfy certain criteria: (1) be unmarried; (2) be 29 years of age or under; (3) not be insured by or eligible for comprehensive health insurance through his/her employer; and, (4) live, work or reside in New York State or the geographic area of the health insurance company’s service. In addition, the parent must be covered under the applicable policy, or, pursuant to a right under COBRA or state continuation coverage law. We note that the “young adult” does not have to reside with either parent, be financially dependent on either parent, or be a student.

At issue in B.D. was the mother’s 2022 motion to direct the father to pay for continued medical insurance coverage under the Age 29 Law for the parties’ then 26-year-old daughter until she turned 29. At the trial court level, the Honorable Ariel D. Chesler denied the mother’s motion, and the mother appealed.

Read more on our website.

*Marilyn T. Sugarman serves as special counsel at The Mandel Law Firm.