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Domestic violence is unfortunately prevalent in many relationships and may include harassment, assault, sexual abuse or neglect. If you or someone you love has been physically or emotionally abused by their spouse or another relative, you should contact the police and an experienced lawyer who can inform you of your rights. Our dedicated attorneys will work to obtain an Order of Protection from the court to ensure your physical safety.
Divorce proceedings usually involve intense emotions and significant expense. Our dedicated matrimonial attorneys can work with you throughout your divorce to minimize the emotional strain and cost normally associated with these proceedings. We handle complex contested and uncontested divorces.
When legal action is necessary to resolve familial matters, it is essential that you entrust your most private matters with a compassionate and knowledgeable family law attorney. Our dedicated attorneys and staff serve as good listeners, confidants and advocates for all of our clients during their most difficult times.
Custody & Visitation
The experienced lawyers at Winkler, Kurtz & Winkler, LLP, are prepared to represent your interests to the fullest, and to secure for you a custody and parenting time arrangement that fit your needs and the needs of your children.
handling all family law matters with compassion, privacy, and respect.
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Long Island Divorce Lawyers Serving nassau & suffolk Since 1987
LONG ISLAND divorce lawyers serving nassau and suffolk county since 1987
New Tax Laws Effecting Divorce - Long Island Divorce Lawyers
In December of 2017, President Donald J. Trump signed into law the Tax Cuts and Jobs Acts. Along with this piece of legislation, went the passing of a tax code which will eliminate tax deductions for individuals who pay alimony. The new law goes into effect beginning on January 1st, 2019. For any couple divorcing on or after the January 1st 2019 date, the payer will no longer be able to deduct alimony from their tax returns. Continue reading to find out how will this impact divorcing couples: For over 75 years, the payer of alimony had the ability to deduct that alimony from their tax returns. In addition, the payee paid income tax on the amount of alimony received. That will change as of January 1st, 2019 where payers will not be able to deduct the alimony and the payee will not have to pay taxes on same. While divorce is difficult enough in its current state when it comes to financial issues, this new tax law makes it even more daunting. Here are some of the potential financial implications of the new law:The Financial ImpactPreviously, offering the benefit of a tax deduction for the payer provided more legroom for bargaining in this area. For example, a husband may have been more inclined to agree to higher alimony due to the ability to claim it as a deduction on his taxes. With this new law, the payer will more than likely be inclined to fight harder when it comes to alimony.There is also a potential impact for women who earn less than men. If men are still the higher wage earners and the ones who need to pay alimony, this will make negotiations more difficult. This has the potential to negatively impact women and the children who reside with them full time.According to a Press Release from the Bureau of Labor and Statistics released on January 17, 2018: USUAL WEEKLY EARNINGS OF WAGE AND SALARY WORKERS FOURTH QUARTER 2017 “Highlights from the fourth-quarter data:• Median weekly earnings of full-time workers were $857 in the fourth quarter of 2017. Women had median weekly earnings of $769, or 81.3 percent of the $946 median for men. (See table 2.) • The women's-to-men's earnings ratio varied by race and ethnicity. White women earned 80.5 percent as much as their male counterparts, compared with Black women (96.0 percent), Asian women (72.3 percent), and Hispanic women (88.4 percent). (See table 2.)”For the rest of the Press Release, click HERE.Additionally, the systems and processes in place to calculate alimony may prove ineffective. Currently, a higher percentage of men pay alimony; without the benefit of the tax break, men can argue to minimize those payments. It seems women will be the most negatively impacted since they will be in the firing line to receive less.Divorce RatesAccording to an article in “The Daily News” couples marrying in their mid-30s divorce at a higher rate than younger people. That may change this year with the implementation of the new tax law. Couples contemplating divorce may not want to wait. There may be a mad rush to the finish line for couples of all ages to divorce before that January 1st, 2019 date.The IncentiveIt is difficult enough to maintain the expenses of raising a family with two incomes not to mention the negative impact divorcing can have on a couple’s finances. Some may view divorcing sooner rather than later as an incentive due to the new tax law plan. For those close to settlement, the looming deadline of January 1st, 2019 might be all the incentive they need to speed the process up.If you are considering divorcing and need assistance understanding the new tax laws and its implications, contact one of our expert Long Island Divorce Law Attorneys to schedule a consultation.
Recent Divorce Trends - Long Island Divorce Lawyers
According to the American Psychological Association, nearly half of all marriages end in divorce; subsequent marriage divorce rates are even higher. While divorce is never an easy part of life, certain aspects of divorce have changed with new trends being observed. Here are some trending topics around the subject of divorce:Grey DivorceA new trend labeled “Grey Divorce” , a trend in which couples over 50 are getting divorced, is on the rise. There are thought to be many factors contributing to older couples divorcing. Mid-life couples may be more likely to divorce after staying together long enough for their children to emancipate. Divorce may have been unheard of in prior generations, yet it is more socially acceptable today. Additionally, there are a vast number of older couples, also known as the “baby boomer” generation. The numbers themselves may be high enough to contribute to a higher rate of older couples divorcing.Women initiating divorce A majority of divorces are initiated by women. Women being more independent in the form of education and career may be contributing factors for women initiating divorce proceedings. Social status may be another contributing factor. Whereas a generation ago divorce was frowned upon, women today are not looked down upon simply because they are divorced. Divorce is simply more accepted in today’s society.Education and age also seem to play a part in divorce trends. Couples who marry at a younger age (late teens/early twenties) have a higher chance of divorcing. It seems that couples with more education and stronger careers divorce less.Divorce MediationIn a traditional divorce, each individual would hire their own attorney to fight on their behalf. However, with divorce mediation, a highly trained mediator will guide the couple through the process together. Issues relating to the divorce are discussed in an open and more informal setting. The mediator is a neutral third party and can assist in facilitating the process, so the couple may negotiate fair and equitable resolutions to their issues. The mediator is a highly-skilled, impartial party who supports couples to move toward an agreement that best serves them and the couple’s children.What are the benefits of mediation? Mediation can save time, energy, and money but more importantly, give the couple the opportunity to come to an agreement with dignity. Mutual respect before the divorce can have a trickle-down impact as to how the couple handles their new life post-divorce.If you are going through a divorce, contact our team of experienced Divorce Lawyers at Winkler Kurtz, LLP. With over 25 years experience, rest assured that our team will provide the most expert legal counsel available. Give us a call at (631) 928-8000 to schedule a consultation.