Category Archives: Other Matrimonial & Family Law Topics

The Perils of Drafting Divorce Agreements: Part Deux

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Alan R. Feigenbaum ●

New York Law Journal, October 23, 2025 —

There are certain provisions that divorce lawyers regularly utilize when drafting separation agreements. Some of those provisions concern topics such as the distribution of marital assets, spousal maintenance, child support, and/or counsel fees. Drafting such provisions can become routine, but glossing over them is not advisable.

One such provision is regularly found in the “Article” of a separation agreement titled “Emancipation Events,” (i.e., an event upon which the noncustodial parent’s obligation to pay child support may terminate). The emancipation event that I will focus on in this article is often defined as a child having a permanent residence away from the custodial parent (the child support payee).

If, at the time a separation agreement is signed, Mom is the custodial parent and Dad is the noncustodial parent, you will likely see this enumerated emancipation event: permanent residence away from the residence of the Mother.

That all seems quite straightforward—at least I thought it was until I read E.B. v. A.F., 2025 NY Slip Op 51286(U) (Family Court, Nassau Cty. 2025). In E.B., the parties married in 2010, and entered into a separation agreement and divorced in 2019. The two children of the marriage are ages 14 and 11 according to the decision.

The parties’ separation agreement designated the Mother as the residential custodial parent and the Father was required to pay basic child support. Section XI of the separation agreement, titled “Emancipation of the Children” defined “Emancipation” to include “permanent residence away from the residence of the Wife.”

However, in 2024, the Father was granted temporary custody of the children; the Father also petitioned to suspend his child support payments due to the change in residential custody. The Father prevailed: he was granted residential custody and his basic child support obligations were terminated.

Read more on our website.

Mandatory Parent Education: Hope for New York Families

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Alan R. Feigenbaum ●

New York Law Journal, September 4, 2025 —

It is no secret to New York’s family law bar that divorce and separation stress can trigger lasting trauma in young children, teens, adult children, and their parents, and can reshape young and adult brains and emotional health.

If you were to poll the matrimonial bar and take their temperature on questions such as: Is the AFC (attorneys for children) structure working for families in contested custody cases (why or why not)?; Is the parent coordinator dynamic working for families in contested custody cases (why or why not)?; and/or is the appointment of forensic psychologists or related mental health professionals in contested custody cases bringing families closer to resolution or farther from resolution?; we suspect the answers would run the gamut.

To be sure, there are AFCs, parent coordinators, family therapists, and forensic psychiatrists that have done and are doing upstanding work for New York’s families in distress. But we cannot ignore that, as with almost anything in the legal profession, there is always room for improvement.

With that in mind, the State legislature has a chance to ameliorate the negative impacts of parental breakup with a remedy justified by science and decades of research and experience: mandatory parent education in disputed custody cases.

A new bill, filed this year in the State Assembly, would mandate that parents involved in contested custody matters be required to attend a state-approved parent education program as part of the processing of their matter through the Supreme and Family courts.

Read more on our website.

Constructive Emancipation in Divorce: A Steep Evidentiary Burden

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Alan R. Feigenbaum ●

New York Law Journal, August 21, 2025 —

One of the most glaring contradictions in the practice of matrimonial law is that divorce litigation proceeds all the way up through the start of a trial without being governed by the rules of evidence. But when a trial starts, perhaps years after the divorce action has been commenced, all of a sudden the rules of evidence are front and center.

The danger posed by this contradiction should be obvious: an attorney can prosecute an argument or arguments for the better part of 80 to 90 percent of the duration of a divorce litigation without concern for questions such as (1) is this hearsay, and if so, is there a hearsay exception that applies; (2) is this document authenticated; (3) can I get this document in evidence even though its author is no longer alive; (4) is this a business record, and many more.

But when trial starts, the unchained litigious arguments that an attorney can make in motion papers and at oral argument on motions without evidentiary restriction are met with a gigantic brick wall, and that attorney had better be ready with concrete evidence.

That brings us to the subject of constructive emancipation of children in divorce, which to my mind incorporates one of the most challenging and complex burdens of proof in the scheme of the many claims that can be made in the context of divorce litigation.

In the recent decision of L.E. v. Y.E., 2025 NY Slip Op 51038(U) (Family Court, Westchester County, May 2025), the petitioner-father sought to discontinue his child support obligations for his three children on the basis that they had been constructively emancipated. Prior to the father’s modification petition, the mother had been awarded sole legal and physical custody, with the father having “supervised and/or unsupervised access” with the children.

The father ceased paying all support in 2023, and alleged that “despite his efforts, the children have refused to see him for six years, and by their choice and not his actions, and as a result, are constructively emancipated.”

Read more on our website.

In the News

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Below is a roundup of Blank Rome Matrimonial and Family Law Partners’ recent awards, recognitions, media coverage, and other accomplishments from around the country.

‘Meaningful Consultation’ Over Add-On Expenses in Divorce
July 24, 2025 – Blank Rome partner Alan R. Feigenbaum authored this New York Law Journal article discussing “add-on expenses” within custody agreements. 

Chambers High Net Worth 2025 Highly Ranks Blank Rome Matrimonial & Family Law Group and Attorneys
July 24, 2025 – Chambers High Net Worth 2025 has highly ranked Blank Rome’s Matrimonial & Family Law practice group in California and New York, as well as co-chairs Kristina Royce and Morgan Fraser Mouchette, and partners Marilyn B. Chinitz, Norman S. Heller, Lois J. Liberman, Sophie Jacobi-Parisi, Stacy D. Phillips, Mary T. Vidas, and Brett S. Ward. 

Stacy D. Phillips and Kristina Royce Recognized as Leading California Family, Matrimonial & Divorce Lawyers by Doyle’s Guide
July 23, 2025 – Blank Rome is pleased to share that partners Stacy D. Phillips and Kristina Royce have been recognized in the 2025 listing of Leading California Family, Matrimonial & Divorce Lawyers by Doyle’s Guide.

Here’s How Much Andy Byron’s Divorce Bill Could Be Following Coldplay Kiss Cam Debacle
July 19, 2025 – Blank Rome partner Jacqueline Combs was featured in this New York Post article discussing the potential fallout from Andy Byron’s recent incident at Coldplay’s concert.

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Attorney Spotlight: Michelle Piscopo—Philadelphia

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Stacy D. Phillips ●

With this edition of Attorney Spotlight, I am pleased to feature one of our esteemed Philadelphia colleagues in Blank Rome’s Matrimonial & Family Law group—Michelle Piscopo.

Michelle Piscopo
Of Counsel

With more than two decades of legal experience, Michelle is a highly valued member of our Matrimonial & Family Law team. A graduate of Widener University and the Temple University Beasley School of Law, Michelle has successfully handled numerous cases involving significant marital estates. Her skill, dedication, and deep understanding of family law make her exceptionally equipped to manage even the most complex matters.

Before pursuing her career in law, Michelle studied psychology—an academic foundation that continues to inform her empathetic and client-centered approach. She thrives on working closely with individuals, guiding them through some of life’s most challenging moments. Matrimonial law is a natural fit for Michelle, as it allows her to combine her legal acumen with her passion for helping people.

Read more on our website.

Modern Love: Redefining Relationships in a Dynamic World

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Stacy D. Phillips ●

Times are constantly changing. We tend to become comfortable with established norms, and relationships, including marriage, are no exception. When I was growing up, divorce was rare, so rare that I could count the number of divorced people I knew on one hand. Relationships were generally straightforward and often expected to evolve into marriage. However, today the landscape looks rather different.

When I notice those in relationships, many almost seem to lack the name or label of “relationship.” Couples are together, yes, but not quite fully present, and perhaps not indefinitely so. These arrangements also appear to be by choice of both parties in such a relationship. This seems far more common (though certainly not exclusively) within younger generations. This practice of not labeling a relationship with any official title, or people choosing to be together though with no intent to get married, has been colloquially named a “situationship.” There is no real science to it, and these situations are what they are. Yet it may be an indicator that our times, or at least what we traditionally understand as relationships, are indeed changing. 

The Elements at Play

If relationships are indeed evolving, there are, of course, many reasons why. For both the young and even the not-so-young, this world can be challenging. We simply cannot ignore that factors such as the current or future state of the economy will play a role in how we interact with one another. Life is expensive, and due to economic uncertainty as well as rising costs, more people are focused on their daily living and managing expenses, and if they can, save money for themselves, and perhaps are not as interested in having an official dependent or financial partner.

We cannot say that money and earning a living are the only factors at hand. Traditional marriage and relationships do indeed still exist. Yet some people have experienced pain in their past concerning relationships and may not be fully willing to commit to that level again. Wounds may heal, yet scars can remain. Many of us have been through it.

Being in relationships, getting married, and having kids, all of these things require commitment, Yet the very word “commitment” now appears to be undergoing a redefinition. These days, commitment can also mean choosing to remain single or engaging in non-traditional (whatever we once considered traditional) relationships that emphasize individual freedom as well as emotional satisfaction.

Read more on our website.

In the News

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Below is a roundup of Blank Rome Matrimonial and Family Law Partners’ recent awards, recognitions, media, and other accomplishments from around the country.

Divorce, Pensions, and Survivorship Benefits: A Deadly Combination
April 25, 2025 – Blank Rome partner Alan R. Feigenbaum authored this New York Law Journal article discussing concerns surrounding survivorship benefits in separation agreements.

Kristina Royce Joins the Chiquis and Chill Podcast
April 23, 2025 – Kristina Royce, Blank Rome partner and co-chair of the Matrimonial & Family Law group, joined host Chiquis Rivera on the Chiquis and Chill podcast to discuss important topics such as marriage, divorce, and prenuptial agreements.

Kristina Royce Named Top 100 Lawyer by the Los Angeles Business Journal
April 22, 2025 – Blank Rome partner Kristina Royce, co-chair of the firm’s Matrimonial & Family Law group, has been recognized in the Los Angeles Business Journal’s Top 100 Lawyers 2025.

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Attorney Spotlight: Dylan Mitchell—New York

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Stacy D. Phillips ●

This edition of Attorney Spotlight highlights one of our valued New York City colleagues in Blank Rome’s Matrimonial & Family Law group: Dylan Mitchell.

Dylan S. Mitchell
Partner

Dylan has been practicing law for nearly 30 years and is a valued member of our Matrimonial & Family Law team. He is a trained and efficient mediator and has helped parents and families resolve disputes without the need for continued litigation on many occasions. As a lawyer, Dylan has never had a desire to represent anyone other than a human being. A lawyer is a problem solver. Practicing family law provides Dylan with the opportunity to work with clients facing human issues. Many of his clients feel that they are experiencing the worst points in their lives when going through a divorce. Dylan is there to help clients solve problems and ultimately assist them in moving forward to better things. This experience can be rewarding for both the client and legal counsel.

Lawyers working in family law often walk a line between providing the necessary legal services and managing the ever-present emotions surrounding family matters. When it comes to family matters and high emotions, to pardon a pun, it is rather rare to be able to divorce these two factors. They are inextricably intertwined. 

Read more on our website.

The Silent Divorce. Understanding the Sounds Beneath the Quiet.

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Stacy D. Phillips ●

When we think about a marriage on the rocks, or one that is perhaps nearing its final moments, we often paint a picture of frequent, rancorous disagreements and yelling between the two parties involved. It is easy to assume that these are the sounds of a failing and soon-to-be-terminated union, but this is not always the case. Some—perhaps more than some—marriages do not end with a bang, but more of a muffled sob, or sometimes, silence. In some cases, there is no actual legal divorce.

This phenomenon is often referred to as silent divorce, where a relationship never actually comes to an end, yet silently, the couple drifts apart over time after the bonds they once shared have faded away. They hardly spend time together, even in shared living quarters, and essentially lead separate lives. While this arrangement can be regarded as sad, even unhealthy, there are reasons for such a “divorce” to exist.

Read more on our website.

Divorce, Pensions, and Survivorship Benefits: A Deadly Combination

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Alan R. Feigenbaum ●

New York Law Journal, April 25, 2025 —

Our artificial intelligence overlords tell us that in America we have a “death-denying culture.” Translation: generally speaking, death is a topic that is presumptively uncomfortable, swept under the rug, and not talked about in this country.

When you draft a separation agreement in a matrimonial matter, you had better sweep the “death-denying” milieu under the rug. Instead, it is critical that matrimonial lawyers who draft separation agreements confront how we are going to address the possibility that one spouse could die after an agreement is signed, but before all its provisions are implemented.

If you ever needed proof of how important it is to get comfortable with the possibility of death when drafting separation agreements, look no further than Justice Joseph H. Lorintz’s recent decision in A.F. v. D.F., 2025 NY Slip Op 50160(U) (Sup. Ct., Nassau Cty., 2025).

In A.F., the parties were married in 1990, and they have three emancipated children. A divorce action was commenced by the wife in 2010 and settled pursuant to a Marital Separation and Property Settlement Agreement (“agreement”) in 2010. The parties were divorced by Judgment in 2010.

The agreement directed the division of the Husband’s pension via a Qualified Domestic Relations Order (“QDRO”). A QDRO was signed simultaneously with the Judgment which directed that the wife (the “Alternate Payee”) would receive survivorship benefits in the event of the husband’s (the “Participant”) death.

In 2011, the New York City Employees’ Retirement System (NYSCERS) sent a letter advising the husband that the “DRO is unacceptable in its current format,” including that the numerator (number of months of retirement credit earned during the marriage) was incorrect.

In 2024—more than a decade after the letter from NYSCERS—the husband filed an Amended Domestic Relations Order that was identical to the 2010 QDRO “except for the deletion of the ordered paragraph directing the [husband] to select a survivorship option.”

Read more on our website.