Divorce is complicated, emotionally, legally, and financially. Every day, divorcing spouses ask me the same urgent questions:
“What if my spouse refuses to pay child support?”
“How is property divided?”
“Can I keep my health insurance after divorce?”
If you’re asking these questions, you’re not alone, and you’re smart to seek accurate information. As a highly skilled NY divorce attorney, experienced mediator, and medical professional, I guide couples through resolution every day. Below, I’ll answer the most commonly Googled divorce questions so you will know your rights and options.
What If My Spouse Doesn’t Want to Pay Spousal Support (Alimony)?
Many of my clients panic when they hear,
“I’m not paying you a dime.”
But I tell them, “Support isn’t optional when legally ordered.” Courts consider:
- Length of the marriage
- Income of both parties
- Earning ability
- Age and health
- Childcare responsibilities
- Lifestyle during the marriage
If your spouse refuses to pay:
A court order can be enforced
- Wages can be garnished
Licenses can be suspended
Tax refunds can be seized
Do I Automatically Qualify for Spousal Support?
Not always. Factors include:
- Financial need
- Ability of spouse to pay
- Sacrifices made for the family (career, education)
- Standard of living
How Is Property Split During Divorce?
Property division depends on whether your state recognizes:
Community Property
Everything acquired during marriage is split 50/50.
Equitable Distribution
Property is divided fairly, not necessarily equally.
Courts look at:
- Who contributed financially
- Who supported the household
- Contributions to education or career
- Health and earning prospects
What Counts as Marital Property?
Typically:
- Houses
- Cars
- Jewelry
- Savings
- Investments
- Retirement accounts
- Businesses
- Furniture and collectibles
Separate property (usually not divided) includes:
- Pre-marital assets
- Inheritance in your name
- Gifts in your name
- Certain trust funds
Can I Keep My Health Insurance After Divorce?
This is a top concern especially for spouses who depend on employer-provided plans.
While married
Yes, you remain covered.
After divorce
Coverage usually ends.
But you have options:
COBRA (temporary continuation)
ACA marketplace insurance
Employer-sponsored personal plan
Agreement for spouse contribution (in mediation)
Can I Stay on My Spouse’s Plan If We Legally Separate?
In some states, yes.
Legal separation can:
- Preserve insurance
- Pause the marriage without divorce
- Protect finances
This can be strategic if someone has:
- Cancer
- Chronic illness
- Expensive prescriptions
What About Health Insurance for the Children?
Children remain covered, and insurance premiums are often included in:
- Child support
- Settlement agreements
Courts prioritize children’s health.
Will I Lose My House in Divorce?
Not necessarily. Options include:
- Buyouts
- Selling and splitting profit
Deferred sale (until children reach certain age)
Offset assets (you keep equity, spouse gets other assets)
What Happens to Retirement Accounts?
Retirement accounts are divisible if funded during the marriage.
This includes:
- 401(k)s
- Pensions
- IRAs
- Profit-sharing
A special order, QDRO, may be needed.
Who Gets the Pets?
Pets are legally considered property, but judges increasingly consider:
- Who cares for the pet
- Emotional bonds
- Living environment
When Divorcing, Do I Need to Go to Court?
No. Divorces can finalize without ever stepping inside a courtroom.
Through mediation:
- We negotiate
- I draft settlement agreements
- Papers are submitted to the court.
Mediation is fast, affordable and less painful.
What If My Spouse Has a Narcissistic Personality?
This is one of the most trending search topics.
As a medically trained NY divorce attorney and mediator, I identify:
- Manipulation
- Coercion
- Gaslighting
- Control tactics
And I provide structured communication that:
prevents bullying
establishes boundaries
protects financial assets
You can successfully divorce a narcissist. My unique, comprehensive, medically/psychologically centered process is very affective when divorcing a narcissist.
Can I Date During the Divorce?
Legally? Yes.
Strategically? Often not.
Dating can:
- Trigger jealousy
- Increase conflict
- Delay agreements
- Influence custody perception
If you do date:
- Be discreet
- Stay off social media
- Avoid introducing children
How Long Will My Divorce Take?
In New York:
- Mediation: weeks
- Uncontested divorce: months
- Litigation: can be years
What About Child Support?
Child support is based on:
- Income
- Healthcare
- Daycare
- Education expenses
- Parenting time
What If My Spouse Hides Money?
Warning signs:
- Sudden withdrawals
- New “business expenses”
- Crypto purchases
- Venmo transfers
In my legal practice, we use forensic accountants and financial investigators to uncover hidden assets.
If you are thinking about divorce and have lots of questions, call me.
As a medically trained NY divorce attorney and mediator for over 35 years, I have successfully help thousands of spouses to divorce fairly and successfully. I provide clients with thorough legal guidance, and strategy, emotional management, fair financial agreements, customized parenting plans and the best results. I will help reduce your stress. Find fast and fair solutions and help you create a better future for you and your family.
Call now to schedule your free consultation 212.734.1551.
I look forward to speaking with you.
Warm regards,
Lois
Divorce doesn’t have to be scary, chaotic, or financially devastating. Let’s create a smarter, faster, and more affordable divorce plan together.