The Steps to a Divorce in New York

Social media has become a major part of our daily lives, and posting online now feels like second nature. However, during a divorce, social media can become a risky tool that may influence the outcome of your case. More and more attorneys are using social media content as evidence in court. What you post, like, or share can affect everything from child custody to alimony and property division. In this blog, we explain how your online presence could impact your divorce and how to protect yourself. Evidence Gathering and Digital Footprints Social media activity and online behavior can carry significant weight in divorce proceedings. Courts might consider posts, comments, messages, and even shared photos as admissible evidence. Attorneys will routinely examine one’s social media activity to assess claims made by each spouse. For instance, sharing images of luxury vacations or new purchases might raise questions if one party claims financial hardship. Even comments or messages can be used to show infidelity, hidden intentions, or emotional instability. All these can influence decisions around custody, child support, and asset division. Note that even email exchanges, GPS data, and app usage can be used to uncover details that might not surface in court otherwise. These traces can reveal lifestyle patterns, spending habits, or even attempts to conceal assets. For this reason, being aware of how this information is collected and interpreted can help spouses going through divorce avoid missteps that may negatively impact the outcome of their case. How Social Media Affects Custody Decisions When it comes to child custody, courts are focused on the best interests of the child. That includes assessing a parent’s behavior both offline and online to see if they are a good fit. Social media posts can give judges insight into your lifestyle, decision-making, and overall parenting capacity. One careless post could affect your credibility or raise concerns about your ability to co-parent effectively. Examples of Posts That Can Harm Custody Claims: Substance Use: Photos or videos showing alcohol or drug use, even casually, can suggest poor judgment. Offensive or Aggressive Content: Sharing graphic, violent, or inappropriate material may reflect emotional instability or a bad influence. Negative Posts About the Other Parent: Public rants, insults, or sarcastic remarks can signal hostility and unwillingness to cooperate. Ignoring Parenting Responsibilities: Posting about parties, vacations, or outings during times you’re scheduled to be with your child can raise red flags about priorities. Impact on Child Support and Financial Claims Social media can also play a major role in child support and financial decisions during a divorce. Attorneys may review online activity to verify or challenge claims about income, spending, and financial hardship. For example, posts promoting side businesses, high-ticket purchases, or luxury vacations can raise suspicions of hidden income. Similarly, if one party claims financial difficulty but regularly shares content suggesting a lavish lifestyle, that contradiction could undermine their credibility. Even seemingly harmless posts, like frequent restaurant visits or unboxing expensive items, might invite closer scrutiny of financial disclosures. To avoid having social media used against you, it's important to approach your online presence with caution. Before posting, consider how the content might appear in court. Avoid airing conflicts or making negative remarks about your ex, as these can reflect poorly on your character. If you’re unsure whether certain content could hurt your case, speak with your attorney. They can guide you on what to avoid, how to manage your digital footprint, and whether the other party’s posts could be used in your favor. Property Division and Lifestyle Evidence In some divorces, especially high-net-worth cases, social media plays a surprising role in dividing assets. Why? Because what you post online can contradict financial disclosures. For example: A spouse claims they can’t afford spousal support, but then you post about buying a new car. One party underreports business income, yet their posts show them living luxuriously. A person denies ownership of certain assets, but those assets appear in a background photo or video. Photos, comments, and tagged posts from friends can help paint a clearer picture of your true financial situation, whether you intend it or not. In equitable distribution states like New York, property is usually divided fairly (not always equally). If one spouse seems to be hiding assets or lying about their lifestyle, a judge may give the other party a larger share. Settlement Negotiations and Online Behavior Even before anything reaches court, social media can play a big role in out-of-court negotiations. If your ex’s attorney finds content that undermines your claims or suggests dishonesty, they may use it as leverage during settlement talks. For instance: You say you're too broke to pay spousal support but then post about a lavish birthday bash. You’re seeking primary custody, but your social media shows frequent travel and nightlife. These posts can affect how much the other side is willing to compromise. They may dig in and push harder for a better deal, simply because they now question your credibility. Avoid Making the Mistake of Deleting Your Previous Posts In most cases, you should avoid going back and deleting past posts from your social media accounts. While it might seem like a smart move to “clean up” your digital presence, it can do more harm than good, especially in the eyes of the court. If your ex-spouse’s attorney discovers that you’ve deleted content, they can bring it to the judge’s attention. This may create the impression that you’re trying to hide something, destroy potential evidence, or manipulate the facts. Beyond the optics, there's also the legal side to consider. Once a family law case has begun, your social media activity can be considered relevant evidence. Altering or deleting that information could be viewed as tampering with evidence, which might have serious legal consequences. Instead of deleting posts, it’s best to pause before posting anything new and consult with your attorney about how your online activity could be interpreted. If there are old posts you’re concerned about, bring them up with your lawyer so they can advise you on the best course of action. Because of the complexities of a divorce, it’s easy to get carried away and post the wrong thing on social media. Sometimes, a post that may seem innocent may end up hurting your case. To avoid making such mistakes, talk to our family law attorneys at Stone Studin Young & Nigro Law Group. We are ready to provide the guidance and support you need. Social media has become a major part of our daily lives, and posting online now feels like second nature. However, during a divorce, social media can become a risky tool that may influence the outcome of your case. More and more attorneys are using social media content as evidence in court. What you post, like, or share can affect everything from child custody to alimony and property division. In this blog, we explain how your online presence could impact your divorce and how to protect yourself. Evidence Gathering and Digital Footprints Social media activity and online behavior can carry significant weight in divorce proceedings. Courts might consider posts, comments, messages, and even shared photos as admissible evidence. Attorneys will routinely examine one’s social media activity to assess claims made by each spouse. For instance, sharing images of luxury vacations or new purchases might raise questions if one party claims financial hardship. Even comments or messages can be used to show infidelity, hidden intentions, or emotional instability. All these can influence decisions around custody, child support, and asset division. Note that even email exchanges, GPS data, and app usage can be used to uncover details that might not surface in court otherwise. These traces can reveal lifestyle patterns, spending habits, or even attempts to conceal assets. For this reason, being aware of how this information is collected and interpreted can help spouses going through divorce avoid missteps that may negatively impact the outcome of their case. How Social Media Affects Custody Decisions When it comes to child custody, courts are focused on the best interests of the child. That includes assessing a parent’s behavior both offline and online to see if they are a good fit. Social media posts can give judges insight into your lifestyle, decision-making, and overall parenting capacity. One careless post could affect your credibility or raise concerns about your ability to co-parent effectively. Examples of Posts That Can Harm Custody Claims: Substance Use: Photos or videos showing alcohol or drug use, even casually, can suggest poor judgment. Offensive or Aggressive Content: Sharing graphic, violent, or inappropriate material may reflect emotional instability or a bad influence. Negative Posts About the Other Parent: Public rants, insults, or sarcastic remarks can signal hostility and unwillingness to cooperate. Ignoring Parenting Responsibilities: Posting about parties, vacations, or outings during times you’re scheduled to be with your child can raise red flags about priorities. Impact on Child Support and Financial Claims Social media can also play a major role in child support and financial decisions during a divorce. Attorneys may review online activity to verify or challenge claims about income, spending, and financial hardship. For example, posts promoting side businesses, high-ticket purchases, or luxury vacations can raise suspicions of hidden income. Similarly, if one party claims financial difficulty but regularly shares content suggesting a lavish lifestyle, that contradiction could undermine their credibility. Even seemingly harmless posts, like frequent restaurant visits or unboxing expensive items, might invite closer scrutiny of financial disclosures. To avoid having social media used against you, it's important to approach your online presence with caution. Before posting, consider how the content might appear in court. Avoid airing conflicts or making negative remarks about your ex, as these can reflect poorly on your character. If you’re unsure whether certain content could hurt your case, speak with your attorney. They can guide you on what to avoid, how to manage your digital footprint, and whether the other party’s posts could be used in your favor. Property Division and Lifestyle Evidence In some divorces, especially high-net-worth cases, social media plays a surprising role in dividing assets. Why? Because what you post online can contradict financial disclosures. For example: A spouse claims they can’t afford spousal support, but then you post about buying a new car. One party underreports business income, yet their posts show them living luxuriously. A person denies ownership of certain assets, but those assets appear in a background photo or video. Photos, comments, and tagged posts from friends can help paint a clearer picture of your true financial situation, whether you intend it or not. In equitable distribution states like New York, property is usually divided fairly (not always equally). If one spouse seems to be hiding assets or lying about their lifestyle, a judge may give the other party a larger share. Settlement Negotiations and Online Behavior Even before anything reaches court, social media can play a big role in out-of-court negotiations. If your ex’s attorney finds content that undermines your claims or suggests dishonesty, they may use it as leverage during settlement talks. For instance: You say you're too broke to pay spousal support but then post about a lavish birthday bash. You’re seeking primary custody, but your social media shows frequent travel and nightlife. These posts can affect how much the other side is willing to compromise. They may dig in and push harder for a better deal, simply because they now question your credibility. Avoid Making the Mistake of Deleting Your Previous Posts In most cases, you should avoid going back and deleting past posts from your social media accounts. While it might seem like a smart move to “clean up” your digital presence, it can do more harm than good, especially in the eyes of the court. If your ex-spouse’s attorney discovers that you’ve deleted content, they can bring it to the judge’s attention. This may create the impression that you’re trying to hide something, destroy potential evidence, or manipulate the facts. Beyond the optics, there's also the legal side to consider. Once a family law case has begun, your social media activity can be considered relevant evidence. Altering or deleting that information could be viewed as tampering with evidence, which might have serious legal consequences. Instead of deleting posts, it’s best to pause before posting anything new and consult with your attorney about how your online activity could be interpreted. If there are old posts you’re concerned about, bring them up with your lawyer so they can advise you on the best course of action. Because of the complexities of a divorce, it’s easy to get carried away and post the wrong thing on social media. Sometimes, a post that may seem innocent may end up hurting your case. To avoid making such mistakes, talk to our family law attorneys at Stone Studin Young & Nigro Law Group. We are ready to provide the guidance and support you need. We’re here to help. Contact us today.

The divorce process can be complex and taxing, with significant implications, especially regarding asset division. Among the assets you and your spouse will have to divide are retirement accounts. This includes 401K, pension, IRA, and any other retirement savings you may have. To make the process easier, the New York judicial system has laws in place that dictate how retirement benefits should be divided in a divorce. Let’s get to it. New York Laws on Divorce New York follows the equitable distribution rule where marital property is divided between the two spouses fairly. This doesn’t necessarily mean that assets are divided equally. Instead, courts factor in several things, including the income of each spouse, the length of marriage, each spouse’s financial needs, and each’s contribution to the marital property. These considerations apply to retirement accounts as well. Marital Property Vs. Separate Portions Some people start saving up for retirement before getting married. Because of this, most assume those are separate assets. However, that’s not entirely true. Funds contributed to those accounts before marriage are separate property, but contributions made during the marriage period are considered marital property. The various types of retirement accounts that are considered include the following: 401(k) Plans – These are employer-sponsored retirement savings accounts. If either spouse contributed to a 401(k) during the marriage, that portion is typically considered joint property, even if the account is in only one person’s name. Individual Retirement Accounts (IRAs) – IRAs, whether traditional or Roth, are personal retirement savings accounts. However, any contributions made during the marriage, along with their growth, can be divided into a divorce settlement. 403(b) Plans – Available to public school employees and nonprofit workers, these accounts follow the same division rules as 401(k)s when contributions were made during the marriage. Pension Plans – These provide a fixed payout upon retirement based on tenure and salary. Portions earned during the marriage are typically considered marital assets, even if they are not yet accessible. Thrift Savings Plans (TSPs) – These are retirement accounts for federal employees and military personnel, functioning similarly to a 401(k). Like other accounts, the amount contributed during the marriage is subject to division. Military Pensions and Benefits – If one spouse has served in the military, their pension or retirement benefits might be partially awarded to the other spouse. The division depends on the length of the marriage and how long it overlaps with military service. How Are These Retirement Accounts Divided There is no one specific way of dividing all these retirement accounts. It will depend on the type of account. Here is a breakdown of each: 401(k) and Pension Plans If you’re going through a divorce and need to divide a 401(k), you’ll likely need a Qualified Domestic Relations Order (QDRO). This legal document explains how you and your spouse will split the retirement savings. It lets you transfer your share of the 401(k) into your retirement account without facing tax penalties. Once the court approves it, the plan administrator processes the division and ensures you receive your portion. If you don’t file a QDRO correctly, you could face tax penalties when receiving your share. As such, ensure you don’t make any mistakes that cost you, delay the process, or lead to an unfair division of funds. For pensions, you’ll require a court order called a Domestic Relations Order (DRO). This document outlines how you and your spouse will split the pension benefits. Before you can receive your share, the pension plan administrator must review and approve the DRO. IRAs Dividing an IRA is usually simpler than splitting other retirement accounts, but you still need to follow specific rules to avoid taxes and penalties. You and your spouse can split an IRA through a written agreement or court order. The safest way to transfer the funds is by rolling them directly into the receiving spouse’s IRA account. This method helps you avoid immediate tax consequences. However, if the funds are withdrawn instead of transferred, they will be subject to income tax and possibly an early withdrawal penalty. Military Pensions and Benefits Military divorces have special rules for dividing pensions and retirement benefits. The Uniformed Services Former Spouses’ Protection Act (USFSPA) is a law that allows state courts to treat military retirement pay as shared property in a divorce. There is also a 10/10 rule, which means that a former spouse can only get direct payments from the Defense Finance and Accounting Service (DFAS) if the couple was married for at least 10 years and if the service member served in the military for at least 10 of those years. Tips for Protecting Your Retirement in Divorce Get Professional Help – Work with a divorce attorney who understands how to divide retirement accounts. They can explain your rights and help you get a fair deal. Understand Your Assets – Make a list of all retirement accounts, pensions, and investments you and your spouse have. Know which ones are shared (marital property) and which ones belong only to you. Gather Your Documents – Collect account statements, contribution records, and other paperwork related to your retirement savings. Having this information ready will make the process smoother. Negotiate a Fair Agreement – If possible, try to work out a settlement with your ex-spouse instead of going to court. A fair division should consider both your financial needs and future plans. Know the Tax Rules – Dividing retirement accounts can lead to tax penalties if not done correctly. A financial advisor or tax expert can help you avoid costly mistakes. Finally, be sure to update the beneficiary names on your retirement accounts after a divorce. If you don’t, your ex-spouse might still receive the benefits when you pass away, even if that’s not what you intended. Reviewing and updating these designations ensures that your assets go to the right people, such as your kids. At Stone Studin Young & Nigro Law Group, we know that dividing retirement assets in a divorce can be complicated. Our attorneys are here to protect your financial future and guide you through the process. If you need legal advice on handling your retirement accounts, contact us for a consultation. We’re ready to help. We’re here to help. Contact us today.

When you get divorced, the fate of your business will depend on several factors: Whether the business is considered to be marital property. Your actual ownership of the business. The role your spouse played in the business. Your partnership agreement or shareholder agreement which might make provisions for marital dissolution. Whether you had a prenuptial or postnuptial agreement which helps you protect your business assets. Your attorney's negotiation and litigation skills. Your own willingness to negotiate, and to treat the divorce process as a business transaction. Is your business marital property? New York is an equitable distribution state. This means the courts consider what is fair for each spouse, considering the length of the marriage, the age of each spouse, the role each spouse played during the marriage, and the future earning potential of each spouse. If you owned the business prior to marriage it may be protected, as it would be non-marital property. Yet you must be careful to demonstrate that the business did not become comingled with marital property. If you took out a second mortgage on the marital home to finance a business expansion or reinvested marital funds into the business then it might not be non-marital property any longer. Do you actually own the business? If you launched a corporation then you may be a director and a shareholder, or work for and in the business, but you might not actually own it. Yet you might own controlling shares in that company which could be sufficient to give your ex control over your company if those shares get divided up as marital property. What role, if any, did your spouse play in the business? Did your spouse work for or in the business? Did your spouse help get it off the ground? Is your spouse a shareholder too? If your spouse never touched the business then they might not be able to make a claim on it. Partnership and Shareholder Agreements Many partnership and shareholder agreements provisions against divorce by locking spouses out. A well-crafted agreement will ensure that the rights of ownership and control cannot pass beyond your partners or your shareholders. If you are not already in a divorce and do not have such agreements it is vital to consult with a business law firm like ours so that you can get those agreements locked down and in-place. The Existence of Prenuptial or Postnuptial Agreements That Protect the Business These agreements are so important that many partnership agreements and shareholder agreements literally demand that anyone involved with the business secure them. A postnuptial agreement is like a prenuptial agreement, only it is signed after the marriage has already taken place. If you are a business owner it is absolutely vital for you to get a prenuptial agreement. They are still remarkably rare, despite the incredible role they can play in protecting your assets and your future. Negotiation and Litigation Skills If your business is not sufficiently protected by other means then it falls to your attorney to come up with solutions. For example, you might be able to buy out your spouse. Or your spouse may be able to retain non-controlling shares in the business but give up any claims of management. Phased buyouts are also an option. In some cases you may be able to give up other things your spouse wants more, like spousal support payments or control of the family home, in order to keep full control of your business interests. We start with a professional valuation, and evaluate what we can offer in light of your other assets. We look for bargaining power to help you maintain control of what you really care about. The absolute worst scenario is having to sell your business and split the proceeds with your spouse. We try to avoid that one, as it devalues all of your hard work, to say nothing of an asset which could continue to support you for many years to come. We are both family lawyers and business attorneys, and this gives us a unique perspective on these issues. If you need help protecting your business, don't hesitate to call and make an appointment today. See also: How to Buy Out Your Business Partner in Long Island, NY When Do You Need a Long Island Business Lawyer?