The Practitioner's Guide to New York's Reformed Maintenance Statute

(348 Ratings)

Produced on: January 22, 2016

Course Format On Demand Audio

Taught by

Categories:

Course Description

Time 51 minutes
Difficulty Intermediate

On June 25, 2015, the New York State Legislature passed the Office of Court Administration's Maintenance Guidelines legislation, which was signed by Governor Cuomo on September 25, 2015. The statute sets forth a formula for courts to apply in determining the appropriate quantum of both temporary and permanent maintenance awards in matrimonial actions. For temporary maintenance awards, the legislation became effective as of October 26, 2015. For permanent maintenance awards, the legislation will become effective on January 26, 2016. Join attorneys Alisa Geffner and Carolyn Kersch as they discuss the historical context and current implications of this new legislation.  

 

Prior to its enactment, New York courts’ maintenance awards varied greatly throughout the state. This new legislation is meant to provide uniformity amongst cases, and more certainty to litigants. It is important for practitioners to become well versed in this new statute and its application to individual cases.

 

Learning Objectives:

I.      Acquire an in-depth understanding of the recent legislation, DRL § 236, which:

  • sets forth a formula to apply in determining the appropriate quantum of maintenance to award a spouse; 
  • provides an advisory guideline on the duration of maintenance based upon the length of marriage; and
  • eliminates the distribution of the value of a spouse’s enhanced earnings capacity earned during the marriage

II.    Specifically apply the new legislation to different case scenarios

III.   Understand the historical framework and discuss how to best represent a client moving forward

Faculty

Alisa J. Geffner

Geffner Kersch

Alisa J. Geffner is a founding partner of a boutique Matrimonial and Family Law firm located in Garden City, New York, Geffner Kersch, P.C. She is a graduate of Hofstra University School of Law and was admitted in March, 2003. She is a member of the New York State and Nassau County Bar Associations, and the current Vice Chair of the Attorneys/Accountants Committee of the Nassau County Bar Association. She is the Social Chair for The Chain, a networking group for which she plans events to help raise funds for local charities.

Ms. Geffner was selected as a “Rising Star” in 2015 and 2016 in the Super Lawyers Magazine and was selected as one of the 2016's Top Women in Law by Hofstra University School of Law, Center for Children, Families and the Law. She is also a recipient of Long Island Business News 40 under 40 award. 

During law school, Ms. Geffner participated in the Hofstra Child Advocacy Clinic as a law guardian for children involved in child abuse and neglect cases, for which she received a Citation of Excellence in the area of clinical law upon graduation. Further, she was a research assistant for Professor John Dewitt Gregory, a respected professor in the area of Matrimonial and Family Law. 

In June 2005, and January 2006, Ms. Geffner was a panelist for a workshop given to individuals experiencing a life transition, where she discussed issues related to divorce. She also lectured to students at New York Law School on drafting marital agreements in 2010 and 2011.  In May of 2013, she gave a lecture on “Separate Property Appreciation and Credits: The Marital Residence and Beyond” for the Nassau County Bar Association, Matrimonial Committee. In the Fall of 2014, Ms. Geffner taught a Family Law with Skills course as a Special Professor of Law at Hofstra University School of Law. Additionally, in January of 2015, she was a lecturer for the Nassau County Bar Association’s Bridge the Gap program on “Tales from the Matrimonial Bar.” In September of 2015, she was a panelist for a course provided by Lawline, “Unprecedented But Not Unanimous: An Analysis of Obergefell.” (The U.S. Supreme Court decision permitting same- sex marriage.) In October 2015, she spoke at a program, “The Crossroads Between Lawyers and Accountants,” on salient Matrimonial Law tax issues.

From September 2015 through December 2015, Ms. Geffner lectured on a series she co-created for the Nassau County Bar Association, Nassau Academy of Law, “How to Prepare Your Divorce Case from A-Z.” Most recently, in January of 2016, she taught a course for Lawline on “The Practitioner’s Guide to New York’s Reformed Maintenance Statute.” In May of 2016, Ms. Geffner was a lecturer for two programs for the Nassau County Bar Association: “After I Do: A Primer on Handling Matrimonial Cases” and “Obergefell: The Supreme Court Pronounces the Right for All to Marry.”

Carolyn D. Kersch

Geffner Kersch

Carolyn D. Kersch is a founding partner of a boutique Matrimonial and Family Law firm located in Garden City, New York, Geffner Kersch, P.C. She is a graduate of Hofstra University, cum laude, where she earned her Bachelor of Arts degree. Ms. Kersch received her Juris Doctor degree from Hofstra University School of Law in 2004, where she served as the Managing Editor of Articles for the Family Court Review. Since being admitted to the bar in January, 2005, Ms. Kersch practiced exclusively in the area of matrimonial and family law. Ms. Kersch was selected as a “Rising Star” in 2014, 2015 and 2016 in the Super Lawyers Magazine and was selected as one of the 2016 Top 10 Legal Eagles in Long Island Pulse Magazine. She was also selected as one of the 2016's Top Women in Law by Hofstra University School of Law, Center for Children, Families and the Law.

During law school, two of Ms. Kersch’ articles were published as follows:

  •  Unified Family Courts: A Saving Grace for Victims of Domestic Violence Living in Nations with Fragmented Court Systems, 42 Fam. Ct. Rev. 304 (2004) (chosen to be featured in theFamily Court Review's "Best of" Series)
  • Pro Se Divorce Litigants: Frustrating the Traditional Role of the Trial Court Judge and Court Personnel, 42 Fam. Ct. Rev. 655 (2004).

In the Fall of 2014, Ms. Kersch taught a Family Law with Skills course as a Special Professor of Law at Hofstra University School of Law. Additionally, in January of 2015, she was a lecturer for the Nassau County Bar Association’s Bridge the Gap program on “Tales from the Matrimonial Bar.” From September 2015 through December 2015, Ms. Kersch was a lecturer on a series she co-created for the Nassau County Bar Association, Nassau Academy of Law, “How to Prepare Your Divorce Case from A-Z.”In January, 2016, she taught a CLE for LawLine entitled The Practitioner’s Guide to New York’s Reformed Maintenance Statute (January 22, 2016). In May, 2016, Ms. Kersch taught two CLEs for the Nassau Academy of Law entitled After I Do: A Primer on Handling Matrimonial Cases, and Obergefell: The Supreme Court Pronounces the Right for All to Marry. 

Ms. Kersch is a member of the Matrimonial and Family Law committee of the New York State and Nassau County Bar Associations. She is the Social Chair for The Chain, a networking group for which she plans events to help raise funds for local charities.

Reviews

DM
Diana M.

Helpful

CB
Charles B.

First Lawline course ever; very pleased.

SL
Sean L.

Thank you for inviting these two very knowledgeable attorneys to present this CLE.

EN
Ewa N.

Well done. Very effective speakers.

JO
Jamel O.

great

AP
Andrea P.

Both the presentation and the materials were excellent.

SS
steven s.

best course on matrimonial in 5 yrs

MG
Mark Brian G.

A very practical course that was extremely relevant to my daily Family/Matrimonial Law practice.

PS
peter s.

A longer presentation of the same subject by these same speakers would be very useful.

LR
Lissette R.

Great course. Would have liked to hear the speakers for a longer course.

MB
Martha B.

It needs more time, otherwise excellent

PM
Paul M.

Very helpful.

MR
Mindy R.

Very informative and well presented

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$ 59 Family & Matrimonial Law In Stock

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