How Does DRL § 236(B) Equitable Distribution Affect What We Can Negotiate in Mediation? - Ryan Besinque
Notas del episodio
From The Law Office of Ryan Besinque - How Does DRL § 236(B) Equitable Distribution Affect What We Can Negotiate in Mediation? explores how Domestic Relations Law § 236(B) shapes the financial conversations couples have during divorce mediation in Manhattan and across New York City. This episode explains how DRL § 236(B) governs property division, spousal maintenance, and financial negotiations while still allowing spouses the flexibility to craft customized agreements outside the courtroom.
Listeners will learn how New York courts apply equitable distribution under DRL § 236(B)(5)(d), including the statutory factors that influence property division and how the law distinguishes marital property from separate property under DRL § 236(B)(1)(c) and DRL § 236(B)(1)(d). The discussion also explores how mediation can help couples navigate complex assets such as retirement accounts, pensions, businesses, and real estate while considering how a judge at the New York County Supreme Court might evaluate the same issues.
The episode also examines how spousal maintenance works under DRL § 236(B)(5-a) and DRL § 236(B)(6), including the income cap guidelines and advisory duration schedules that influence support negotiations. Real-world scenarios involving Manhattan co-ops, retirement plans divided through Qualified Domestic Relations Orders, and pension calculations shaped by Majauskas v. Majauskas highlight how mediation allows couples to structure financial arrangements that align with their goals.
Hosted through insights from Ryan Besinque, Esq. of The Law Office of Ryan Besinque, a divorce and family law attorney serving Manhattan, Brooklyn, the Bronx, Queens, Westchester County, and Nassau County, the episode also reflects his background from the University of Southern California and the University of San Francisco School of Law. The conversation focuses on how couples throughout New York can approach divorce mediation with a clearer understanding of equitable distribution, maintenance guidelines, and the practical choices available under DRL § 236(B).
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