Lady Litigator – Lisa Fantino
Award winning NY journalist turned attorney with an opinion about everything!Archive for Divorce
Westchester attorney says court holds 911 award is not marital property to be divided in divorce
A recent decision by the Appellate Division Second Department has made it clear that firefighters who risked all get to keep it all. Let me explain. In the case of Howe v. Howe, a veteran firefighter who was forced to retire from the department following disabling injuries he sustained during 911 is entitled to keep all of the award he received from the September 11th Victim Compensation Fund. The court’s reasoning, pursuant to New York’s Equitable Distribution Law, Domestic Relations Law § 236(B)(1)(d)(2), stated the award is the equivalent of a recovery in a personal injury action, the noneconomic portion of which clearly falls within the category of separate property. So, while a spouse may be entitled to a portion of a pension plan or deferred compensation, it would now seem that an award from the Victim’s Compensation Fund belongs solely to the person who risked it all that day.
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Westchester attorney Lisa Fantino on divorce styles of the filthy rich & not so famous
I can’t believe July’s over and I missed it, the big divorce settlement of Swedish countess Marie Douglas-David and her investor hubby George David. Remember them? They made big headlines when this nuptial mess started back in the spring in Hartford, Connecticut. Then it was placed on a back-burner because they were both too busy to get down to the multi-million dollar dilemma.
The Davids in happier times. Photo: Patrick McMullan, Courtesy: New York Magazine
It turns out it settled mid-July. She walks away with her contracted pre-nup settlement of $43 million plus an extra $5 or 10 million in personal property, making her take about $21,000 for every day they were married. Sounds like a great deal to me. Where can I sign up?
The countess had been trying to grab nearly a third of her hubby’s $329 million fortune. He is the former chairman of United Technologies and obviously had better lawyers; yet she is still one very lucky lady!
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Westchester attorney wonders if Continental pilots will crash and burn following divorce controversy
This is an interesting turn of events on protecting your pension investment……………..Continental Airlines is suing nine of its pilots for allegedly faking a divorce in order to make pre-retirement withdrawals……..just in case the airline and its pension fund went belly-up.
The airlines is suing the pilots, charging they staged sham divorces so they could cash in on their retirement plans. The move allowed the newly “ex-spouse” to make a one-time withdrawal. One couple got back together in 10 months and the “ex” didn’t have to re-pay the funds. Another pilot quit his job, admitted wrong doing and made restitution.
If it’s true, is this what these tough economic times have led some people to? How bad are things when couples earning mid-six figure incomes have to resort to desperate measures to protect their pensions? I think America has plenty to worry about these days. What do you think?
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