While prenups typically provide protection and clarity, they must be drafted correctly in order to be legally enforced. Under specific circumstances, a New York court can void a prenuptial agreement, leaving parties in a significantly different financial position than they anticipated. This article will discuss reasons why a prenup may be voided, various signs of an unfair prenup, and protecting your rights in divorce.

When Can a Prenup Become Void?

There are many reasons why a prenuptial agreement can be invalid, including:

The prenup was not entered into voluntarily – A valid prenup must be freely entered into by both spouses. If one of the parties was pressured, coerced, or threatened into the agreement, a New York court may invalidate the prenup. Imposing a tight deadline and creating a sense of urgency can be considered duress. Additionally, if one spouse was in a vulnerable state of mind or suffering from a health or mental condition, the court may question the validity of the document.

A spouse did not fully disclose assets – New York law requires both parties to disclose their assets, debts, and income fully and honestly before signing a prenuptial agreement. Hiding assets – including bank accounts, real estate, or investments – or misrepresenting financial information by understating or overstating income can invalidate the agreement.

Unethical or unscrupulous terms – If the terms of the prenup are incredibly unfair, the document can be considered void. This does not apply to cases in which one spouse receives less than the other. The prenup can be void if the agreement is so unjust that it leaves one spouse unable to support themselves and in an incredibly disadvantaged financial position. A New York court will consider the circumstances surrounding the prenup and its overall fairness.

The prenup was not signed on time – The agreement must be signed in a timely manner before the nuptials take place. It also must be notarized and signed by both parties. While New York law doesn’t mandate a specific time period that’s required to sign, it’s generally recommended to sign a prenup well in advance of the marriage – ideally 1-3 months beforehand.

Obtaining a signature fraudulently – If a spouse forges the other party’s signature or obtains their signature by lying or concealing facts, the prenup can be invalidated.

One or both spouses do not have independent legal counsel – Since each spouse has their separate interests at stake, they should be represented by their own separate prenuptial agreement attorney in order to enforce the prenup. While this is not a strict requirement in most states, having separate lawyers ensures that each party understands their rights and obligations under the agreement and that their best interests are well represented.

NY Prenup Legal Requirements

• Both parties must enter into the agreement voluntarily, without coercion or duress.
• The agreement must be in writing and signed by both parties.
• Both parties must provide full and fair disclosure of their financial situation, including assets, debts, and income.
• The agreement must be fair and reasonable at the time that it’s made and at the time of divorce as well.

Signs of an Unfair Prenup

Prenups are a valuable tool that’s used to protect assets, but they can be used unfairly to take advantage of the other spouse as well. An unfair prenup is characterized by coercion or duress to sign the document. A prenup that is one-sided or if one spouse does not have legal representation, the prenup may be deemed to be unfair. Additionally, if a spouse lies about their assets and/or fails to disclose their correct financial situation, the court may invalidate the prenup.

Proving Prenup Invalidity in Court

If a spouse believes that their prenuptial agreement is invalid, they can challenge it, even if it meets the legal requirements. However, they will need appropriate evidence to support the claim of invalidity. The court may need proof of coercion, fraud, incapacity, duress, or a lack of full financial disclosure. Proof may include witness testimony, financial records, evidence of threats, or applicable text messages, and/or medical records.

Protecting Your Rights in Divorce

You have the right to a fair and equitable division of assets if you’ve signed a prenup before you got married. A committed prenuptial agreement lawyer can most likely keep you from making unfortunate decisions that can affect you for many years. Contact us today for a free consultation and we’ll help you navigate New York’s complicated legal system.

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One of the primary reasons for elder neglect in nursing homes is understaffing. Understanding the connection between understaffing and neglect is important to be able to protect our elders and hold negligent facilities accountable. Discussed below, is how nursing home neglect can happen due to understaffing, and how lawyers for nursing home neglect may be able to help.

How Understaffing Leads to Neglect

There is a direct correlation between understaffing and neglect in many nursing homes and there are also quite a few reasons for insufficient staff to be on duty. In some instances, the facility is attempting to save money by not hiring enough employees, or even by letting staff members go. Some nursing homes do not pay sufficient wages, making it difficult to obtain and keep quality workers. No matter the reason, understaffing can severely affect the care and treatment of residents.

Understaffing can lead to:

• Increased falls and accidents – A lack of sufficient employees usually means that residents are left unsupervised for longer than usual periods of time. Without proper supervision, elders may wander and will typically have an increased chance of falls as well as other accidents. This is particularly risky for residents who have cognitive impairments.
• Medication errors – When the staff is stretched thin and overwhelmed with too many tasks, they may make medication errors such as giving the wrong dosage or dispensing the incorrect type of medication to an elder. Additionally, staff may even fail to administer the required meds altogether.
• Malnutrition and dehydration – Understaffing can result in compromised nutrition and hydration due to residents not receiving enough food or water. The staff, when understaffed, may rush meal service or fail to provide meals for all residents. Elders that require assistance with eating tasks may not receive the help that they need, leading to missed meals.
• Inadequate help with essential tasks – Residents who need assistance when bathing, dressing, and toileting may suffer from neglect. Understaffing often leads to rushed or incomplete assistance with these activities, compromising hygiene and dignity.
• Lack of interaction – Elderly residents require social and emotional support in order to thrive in a nursing home. When homes do not have enough staff, residents can feel isolated and lonely, and even suffer from depression from a lack of interaction.

Signs of Nursing Home Neglect

Recognizing the signs of nursing home neglect is crucial when advocating for vulnerable residents. Signs of neglect include unexplained injuries, weight loss, poor hygiene, bedsores, changes in mood, frequent infections, and missed medication doses.

Other signs of neglect in nursing homes may be evident in the facility itself. These signs include unsanitary living conditions, broken equipment, slippery floors, and a lack of heating or cooling. If you observe any of these signs of nursing home neglect, it’s important to document them. Include the date, time, and details of any sign, and report them to the facility manager or nursing home neglect attorneys.

Impact of Understaffing on Proper Care

An understaffed facility can greatly affect the care of residents. Without proper staffing, elders may receive delayed or inadequate medical care and assistance with daily living activities. Residents’ complaints may be ignored by the nursing home staff, who are most likely overworked, burned out, and stressed.

Understaffing will ultimately reduce the quality of life for residents. There is also a direct correlation between higher mortality rates and understaffing in nursing homes. Residents may need to be frequently hospitalized due to inadequate care. Additionally, incompetent care often leads to an erosion of trust between the families of residents and the nursing home staff.

Legal Rights for Neglected Seniors

Seniors who reside in nursing homes have legal rights that are protected by New York state and federal laws. These rights include the right to receive adequate and appropriate care, to be treated with dignity and respect, and to be free from neglect and abuse. When nursing homes violate these rights, elderly victims and their loved ones have the right to file a lawsuit to hold them accountable.

Holding Facilities Accountable

If you suspect that your elderly loved one is being neglected due to understaffing at such a facility, now’s the time to speak to a lawyer for nursing home neglect.  Zelenitz, Shapiro & D’Agostino will help guide you through the legal process and hold the negligent nursing home accountable to get justice for vulnerable seniors.

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How Relocation Affects Child Custody

Deciding to relocate is undoubtedly a big choice to make and can also affect many aspects of a custody agreement. When custody is shared, the other parent may be deprived of spending time with their child through no fault of their own. If the move affects the relationship between the child and the non-relocating parent, modifications are then required to be made to the custody agreement. A New York court will make the final decision after carefully considering the associated challenges and how they may affect the child. While the court’s duty is to be fair, the child’s health and happiness is of utmost importance.

Legal Requirements for Relocating Parents

In New York, the law doesn’t require all custodial parents to provide advance notice prior to moving with the child. While parents do not need a judge’s permission to relocate, the move – particularly when it’s a long-distance move – may affect the custody agreement. This is especially true in cases when the move reduces the other parent’s time spent with the child.

Even though relocation approval isn’t required for one parent to move with their child, it doesn’t necessarily mean that the non-relocating parent has no choice in the matter when they learn about their child’s impending relocation. The relocating parent is required to provide written notice to the other parent regarding the impending move. The notice must include the mailing address of the new residence, the reason why the parent is relocating, and the date of the proposed move. The written notice must also include a proposed new visitation schedule.

After written notice has been provided, the non-relocating parent has a specific amount of time to challenge the impending relocation. If a challenge is not presented, the New York court will assume that both parents agree regarding the details of the move, including the new visitation schedule.

Relocation and Custody Modifications

The custody agreement will require modification if the non-relocating parent challenges the move. The court will decide on the custody modifications and consider multiple factors in their decision. Ultimately, the court’s decision is based on what is thought to be best for the child’s well-being. The court strives to ensure that all of the child’s needs are met – emotionally, physically, and educationally.

Factors that Courts Consider in Relocation Cases

While the primary goal of the court is to decide what is best for the child, other factors are considered in relocation court cases. Additional factors generally include:

• The reason for relocation,
• How the move will impact the child’s emotional, physical, and educational development,
• The developmental needs of the child,
• The relationship between the child and each parent,
• How the move will affect the child’s relationship with the non-relocating parent,
• The distance of the move,
• The child’s overall ability to adapt to the move.

The court aims to preserve the child’s relationship with both parents. In New York family court relocation cases, there is a test that’s commonly used to make decisions regarding relocation requests. The first part of the test involves an evaluation of the move and how it will affect the child. The second portion is an investigation of any interference that the move may cause to the co-parent’s custody rights.

How to Challenge or Support a Move

When the non-relocating parent objects to a planned move, they have the legal right to a court hearing. During this hearing, both parents may present arguments in favor of or against the relocation. If the court approves the request to move, both parents must decide upon a new/revised visitation schedule that accommodates the relocation. If the court denies the request to move, other arrangements need to be made by the parent who wished to relocate. If alternative arrangements are not made, the parent who wished to relocate may lose custody of the child.

Whether you are challenging or supporting a relocation, it is paramount that you secure an experienced family law attorney who can help with the preparation of an alternative visitation schedule, the presentation of your case in court, and have a thorough understanding of your legal rights. Zelenitz, Shapiro & D’Agostino are dedicated custody and divorce lawyers who are experienced in helping people make informed decisions regarding a child’s future.

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Unfortunately, there are instances of nursing home neglect in many facilities. A common form of neglect is the lack of adequate nutrition or dehydration provision by healthcare providers, which can easily lead to substantial health issues. Whether the facility is unable to provide proper care due to staffing shortages or the facility is possibly operating under abusive internal regulations, there are nursing home neglect attorneys that are willing and able to fight for your loved one’s rights.

Signs of Nursing Home Neglect

If a nursing home patient is experiencing sudden weight loss, ongoing exhaustion and weakness, bedsores, dry mouth, decreased urination, changes in mental status, or recurring infections, it’s crucial that you intervene.

During visitation, if you notice any of these signs, it’s important to report nursing home neglect to the facility manager. It’s also a promising idea to contact a lawyer that specializes in nursing home neglect to learn more about your loved one’s rights and to investigate the situation.

Although some signs, such as declining oral health, cognitive decline, and depression, can be symptomatic of the aging process, unanswered medical needs are definitively a sign of neglect.

Malnutrition and Dehydration Symptoms

Malnutrition tends to occur at a slow rate but becomes apparent very suddenly. Some of the signs of malnutrition include changes in the skin, including flakiness and easy bruising; Hair can become brittle and dry; and even substantial hair loss can occur.

Malnutrition can also lead to a decrease in immune response, meaning that an elderly resident can suffer from an increased susceptibility to illness. Patients who suffer from this treatment may have difficulty concentrating, slurred speech, and even experience fainting spells.

Dehydration is just as dangerous as malnutrition. Dehydration is most commonly recognized through impaired function. Residents who have not had proper water intake may suffer from headaches, dizziness, and/or low blood pressure. A decrease in bathroom use as well as foul-smelling, dark urine are also common indicators that the patient may not be receiving enough fluids to drink.

Both malnutrition and dehydration can be extremely dangerous, and unfortunately the symptoms can commonly be overlooked due to their relative similarities to the aging process.

Causes of Food and Water Deprivation

Understanding the potential causes of food and water deprivation in nursing homes can help you better assess this situation and advocate for your loved one(s). Food and water deprivation is generally caused by the withholding of food and/or drink by the nursing home staff. Sometimes it is malicious deprivation as a form of punishment, or, in some cases, the staff may lack the proper training to assist with properly feeding residents.

Certain medical conditions can make it difficult for residents to eat or drink, and staff may fail to provide the necessary support and accommodation. There are also instances where staffing or budgetary shortages within the nursing home can lead to an inadequate supply of nutritious food and water. Additionally, lack of proper monitoring can cause a lack of nutrition and hydration to be overlooked.

Legal Rights of Nursing Home Residents

Nursing home residents have the right to live in a comfortable environment that provides them with the services for which they are paying. Legally speaking, residents have rights that are outlined in state and federal regulations. For example, they have the right to receive adequate and appropriate medical care, including proper nutrition and hydration. Elderly residents also have the right to dignified treatment and respect as well as the right to be free from all forms of abuse and neglect.

What to Do if You Suspect Neglect

If you suspect a nursing home of neglect, the first thing to do is to take detailed notes, obtain all available records, and have conversations with the staff about the condition of your loved one. However, if the situation is not improving, or the information provided is not adequate, it is advised that you seek legal advice.

Elderly and disabled individuals are a vulnerable population, and no one should live in inhumane conditions. If you have suspicions or proof that a loved one is being neglected, nursing home neglect attorneys are here to help.

Nursing home residents require the support of individuals that they know and trust. Contacting experienced nursing home neglect lawyers such as Zelenitz, Shapiro & D’Agostino could save the life of a loved one, as well as other facility residents.

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Both partners must fully disclose their financial situations to each other and to the New York court. Understanding the requirements and best practices for financial disclosure is essential for a smoother and just outcome.

What Must Be Disclosed During a Divorce?

The most crucial aspect of financial disclosure is transparency. Being completely transparency will usually help avoid conflicts and disagreements that could arise. Both parties are obliged to provide an honest, comprehensive picture of their financial lives that includes the following:

• Assets – This includes all property owned, individually or jointly. This also includes, but is not limited to, real estate (homes, land, vacation properties), vehicles, bank accounts, investment accounts (stocks, bonds, mutual funds), retirement funds (401(k)s, IRAs, pensions), business interests, valuable personal possessions (artwork, jewelry, collectibles), and digital assets such as cryptocurrency.
• Debts – All debts must be disclosed, including mortgages, car loans, credit card debt, personal loans, student loans, and other debts.
• Income – Both parties must disclose full income information, regardless of the source. Income includes: wages, salaries, bonuses, commissions, and investment income. Pay stubs, tax returns, and bank statements are typically required to verify income.
• Expenses – A detailed summary of typical monthly expenses can help determine alimony or child support if applicable. While a summary of monthly expenses is not always required, it provides a clearer picture of the overall financial situation of both parties. This disclosure includes shared monthly, marital, and individual living expenses.
• Major financial transactions – Any significant financial transactions undertaken during the marriage must also be disclosed. This includes the sale of property, large gifts that were received, or unusual withdrawals from accounts.

Legal Requirements for Financial Disclosure

Full financial disclosures are commonly legally required in New York for divorce settlement. A financial disclosure statement typically requires an honest and complete disclosure of all financial information. The information must be comprehensive and transparent, without being intentionally misleading.

The Sworn Statement of Net Worth in New York must be notarized and submitted under oath. Both partners may be required to include supporting documentation – tax returns, bank statements, investment statements, and property deeds in order to prove accuracy. During the disclosure process, any new information regarding finances must be reported to the court as soon as possible.

How to Prepare for Financial Disclosure

To ensure a smooth divorce process in NY, ideally both divorcing partners should act quickly and prepare ahead of time.  Be sure to gather all documents and information, including:

• Pay stubs
• Bank statements
• Tax returns
• Property deeds
• Investment records
• Loan agreements

You will also be required to submit all documents that show your income, debts, and assets. It’s also a good idea to organize your finances on a spreadsheet or a written list for easy retrieval and reference.

It is typically better to share too much financial information than not enough pertinent information. Failure to provide enough disclosure could cause eventual problems. An expert divorce attorney can help you prepare the necessary paperwork and inform you of the document requirements.

Both parties must file the financial disclosure statement. In some cases, a partner may not want to disclose all of his or her assets. Hiding financial information can hinder the process of divorce and affect the division of assets. If you believe that your soon-to-be-ex-spouse is hiding assets in the disclosure process, they may be held in contempt of court. Your attorney has the power to request formal discovery to obtain access to business records and financial account statements.

Resolving Disputes Over Financial Disclosure

It is not uncommon for disputes or disagreements to arise regarding the accuracy of a financial disclosure. This is especially true if the divorce is not amicable between both parties. A divorce lawyer can assist you in negotiating a fair outcome or challenging a partner’s financial disclosure. They can also recommend mediation with a neutral third party to help reach a resolution. Keep in mind that if one spouse challenges the other’s disclosure, evidence of the error should be presented to a judge. A court order can also order forensic accounting or other actions to ensure transparency for both partners.

A committed divorce attorney can guide you through the financial disclosure process and help with transparency. They can also provide advice on how to start the divorce process in New York and should ensure a fair and equitable outcome for both parties.

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Below, we’ll discuss the definition of elder abuse, types of abuse, risk factors, how to report suspected abuse, and how experienced elder home abuse attorneys may help.

Examples of Group Home Abuse

What is elder abuse, and what constitutes neglect in an elderly care home? Elderly abuse is commonly defined as intentional harm or failure to act upon a situation that harms an older adult or puts them at risk. This mistreatment often happens by a caregiver, senior living home employee, or even a stranger. Sadly, hundreds of thousands of elderly adults in group homes are abused or neglected each year. It’s important to note that abuse can be intentional or unintentional and may not always be malicious in intent.

Types of Elder Abuse that can Occur in a Group Home:

• Physical – This involves the intentional use of force against an elderly person. Physical abuse can take place in the form of hitting, kicking, physical restraint, or shoving. Signs of physical abuse include broken bones, bruises, fractures, sprains, burns, head injuries, or dislocated joints.
• Emotional/Psychological – Insulting, name-calling, cursing, ridiculing, intimidating, and scapegoating an elderly senior are forms of emotional abuse. This type of abuse can cause depression, isolation, and confusion for older adults.
• Sexual – Elderly sexual abuse involves any forced, non-consensual, and unwanted sexual contact or activity with an elder. This includes sexual activity with patients who suffer from Alzheimer’s and/or other dementias that may prevent the senior from giving consent.
• Financial – The most common self-reported type of abuse, financial elder abuse, includes the misuse of a senior’s resources or money, pressuring the senior to make financial decisions that are not in their best interests, and the stealing of their belongings.
• Neglect – This involves a failure to protect an elderly person from harm and/or provide necessary care. Elder home neglect can cause serious injuries or illnesses and can be a result of understaffing or a lack of regard for the elderly.

Risk Factors for Senior Abuse in Group Homes

If you are wondering what the risks for abuse by family caregivers are, know that several factors increase the risk of abuse. These risk factors include:

• Insufficient staff
• Uncaring group home culture
• Lack of staff supervision
• Senior vulnerabilities such as dementia
• Resident isolation
• Underreporting

Legal Protections Against Elder Abuse in Group Homes

There are laws in place to protect seniors from mistreatment in group homes. At the federal level, the Elder Abuse Prevention and Prosecution Act was signed into law to improve data collection and reporting of elder abuse.

Each state has its own laws and regulations addressing elder abuse, neglect, and exploitation. The laws and regulations vary by state but generally include mandatory reporting requirements for suspected abuse and negligence. These state laws create penalties for abusers.

State licensing requirements for group homes outline standards of care and facility operations. APS (Adult Protective Services) agencies are established in every state to investigate reports of elder abuse. These agencies offer a vital resource for families and individuals who suspect abuse, providing services to investigate and intervene when necessary.

How to Identify and Report Abuse or Neglect

Identifying signs of elder abuse and neglect is extremely important for intervention. Some warning indicators of abuse include physical signs, such as unexplained injuries, bruises, fractures, and signs of restraint. Changes in the elder’s behavior – depression, anxiety, withdrawal, or agitation – may indicate abuse as well. Signs of dehydration, malnutrition, and weight loss are also warning signs of abuse. Abuse relating to financial exploitation, indicators are typically missing money and unexplained withdrawals. The staff’s behavior can also provide clues regarding abuse – staff may display hostility or avoid eye contact which may also be a sign of abusive behavior being demonstrated.

If you suspect abuse or neglect is taking place, act quickly and report the mistreatment to the group home administrator or management. Additionally, report abuse to state authorities through your state’s APS agency. If the abuse involves criminal activity, report it to local law enforcement.

It’s also crucial that you contact a nursing home abuse attorney team such as Zelenitz, Shapiro & D’Agostino. Our extensive experience with nursing home negligence cases in New York has prepared us to support you as you protect the rights of vulnerable elders. Contact us today for a free consultation with a nursing home neglect attorney who can help protect seniors from abuse.

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How Nursing Home Neglect Leads to Fractures

Nursing home neglect is one of the biggest factors when it comes to fractures and other bone breaks in the elderly. Nursing homes are often overcrowded, and staffed by too few people, making it easy for patients to fall between the cracks by staff that simply do not take the time to care for them properly.

When neglect is present, patients who may not be able to get up and move independently tend to attempt walking and moving when left alone. This means that if someone needs support to stand in order to use the restroom, go outside, or bathe and does not have that support, they may attempt to do these tasks alone, and consequently become injured.

Hip Fracture in the Elderly

One common injury when facing nursing home neglect is hip fracture. This fracture often occurs when an individual who is not steady on their feet moves around without support.

With hip fractures, the life expectancy after a fall in elderly patients does tend to decrease dramatically. Many patients die within 6 months after this type of fracture. This is especially true for patients who were active before they injured their hip. When their overall activity decreases, it can decrease their will to heal, as well as cause them to lose their zest for life.

Top Fractures Linked to Nursing Home Neglect

Another common fracture linked to neglect in nursing homes is a broken femur. The femur is the longest bone in the body and it’s also one of the most common breaks due to a fall. Femur breaks can happen when a patient tries to stand on their own and is not supported, it can happen when the individual is ambulatory, and it can happen in cases of a bad fall.

A broken femur can cause a nursing home patient’s health to rapidly deteriorate. as it can be a difficult bone to heal. In cases of this type of bone break, you may need the help of nursing home neglect attorneys to get your case started in order to properly protect your loved one.

Bones in the arm are also commonly found to be a place where breaks occur too often, in nursing home patients. This can easily happen when a patient reaches out and tries to catch themselves when they find themselves falling. Again, this is a serious injury, and it can greatly affect their ability to go about with their daily routine. Elderly hip fractures and broken thigh bones in elderly patients are also quite common.

Recognizing Neglect in Nursing Home Fracture Cases

Nursing homes patients face more neglect than you may imagine. There are steps that you can take to help ensure that your loved one is well taken care of. First, making frequent visits to the nursing home helps staff who are taking care of your family be aware that you are watching. It helps your loved one know that you are there to help them and to advocate for them as well. Be sure to take notice of any unusual bruises and keep a close watch if your loved one is acting strangely and not like themselves. Also, it’s imperative to take notice of any combative or secretive behavior by the nursing home staff.

Neglect in nursing homes is entirely unlawful. This mistreatment could mean the end of a loved one’s life, and it is something that you need to speak out against if you notice it.

Legal Options for Nursing Home Neglect Cases

If you believe that your loved one is a victim of neglect, you should act immediately. Experienced nursing home neglect attorneys can help you uncover any neglect that may have occurred and collect the information you’ll need to make a legal case. Additionally, these professionals can help you navigate the often-confusing legal process. An experienced law firm can ensure that your loved one is taken care of and that those who were responsible for the neglect that caused their injury are held responsible.

Legal options may include suing the facility for damages and for medical bills associated with neglect. The nursing home may also have their licenses revoked after an investigation proves that staff are neglecting patients. Your attorney can help you explore all of your options for action to be taken.

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Prenuptial agreements – also known as prenups or marital contracts – have been around for some time now. In fact, one of the earliest prenups was made in Ancient Egypt over 2,000 years ago. Decades ago, prenuptial agreements were primarily regarded for the rich and famous. However, times are changing. These days, prenuptial agreements are quickly becoming the new normal, particularly within Generation Z.

Below we’ll discuss this modern take on prenuptial agreements and provide valid reasons to get a prenuptial agreement. If you’re wondering, “how do I get a prenuptial agreement attorney near me?,” read on.

What’s Love Got to Do With It? 

So, what is a prenuptial agreement? A prenup is a legally binding contract between a couple who is engaged to be married that dictates what happens to each partner’s assets and debts if they get divorced. As we mentioned earlier, couples who are about to be married don’t typically want to give any thought to the possibility of splitting up in the future. However, signing a prenup is a smart decision that is widely influenced by older generations.

Many baby boomer couples ultimately got divorced, despite their conservative approach to marriage. Decades ago, prenups were not as prevalent in marriages in which assets were scarce. Consequently, many divorces became messy, with no clear division of property and assets.

Born in the late 90s and early 2000’s, Generation Z (or Gen Z) became witnesses to their grandparents’ and other older family members’ divorces. Add in evolving social norms, varying economic factors, reshaped marriage expectations and financial strategies, and prenuptials became extremely popular.

Getting Hitched Later in Life

Many people are choosing to get married later in life, and the median age of marriage is steadily increasing. In the 1950s, the average age of first marriage in the United States was 20 for women and 23 for men. In 2023, the median age for women to get married for the first time was 28, and 30 years old for men. The statistics clearly show that Gen Z couples don’t wish to get married as young as their grandparents did, or their parents for that matter.

Getting married later in life is not a negative concept by any means. In fact, many of these couples are already self-reliant with established careers and robust individual financial portfolios. As such, they want to protect what they have worked so hard for before marriage. Many do not wish to combine all of their assets when they eventually marry. The concept of 50/50 splits of assets — which used to be the norm — is not necessarily the fairest option for them.

Career First

Generally speaking, Gen Z is very career-focused, and for good reason. They crave fiscal responsibility and have been determined to achieve such responsibility in their 20s. Focused on job stability, personal growth, and financial independence, Gen Z’ers tend to accumulate businesses, investments, property, and savings at an early age.

Concisely, the financial stakes are higher since they have generally acquired success. It’s entirely understandable why they would want to protect their assets and achievements when they eventually marry. They want to avoid the messy divorces that their older family members may have faced by establishing their own wealth early on and protecting it well.

Using the Tools Available

In this digital age, Gen Z has access to prenup resources that were nonexistent decades ago. Not only can they find useful information and resources online, but they also have access to forums, message boards, and chatrooms to ask questions about prenuptials and to get advice. Additionally, Gen Z has the option to create their own personalized prenups with online templates. These straightforward templates allow couples to develop agreements that suit their individual expectations and needs.

These days, prenuptial agreements don’t carry the stigma that they once did. Celebrities and other famous people openly discuss their divorces and prenups, which seem more like common practice. This disclosure from high-profile people encourages open discussion about prenuptials and fosters close speculation of individual financial futures.

Prenuptial agreements are not just for wealthy people anymore since our way of life is simply not as traditional these days. If you’re wondering how to get a prenuptial agreement, or asking, how does a prenuptial agreement work? Or are wondering if you actually even need one, experienced prenuptial agreement lawyers can help. They will work with you to help you understand your rights and ensure a fair division of assets for both parties should the time come.

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This article outlines the different types of alimony, who qualifies for it, how it is calculated, how long it lasts, what factors affect its amount in New York, and how an experienced alimony attorney can help you understand your legal options.

Types of Alimony in New York

In New York, there are several types of spousal alimony that are designed to meet the various needs of a spouse during and after a divorce:

Temporary Alimony: This type of support is awarded during the divorce process and is intended to help the lower-earning spouse temporarily maintain a similar standard of living. This type of alimony is usually granted until a final settlement is reached. While the divorce is pending, a pendente lite support order in New York ensures that child support is paid. This temporary order includes the amount that is either agreed to by both parties, or is ordered by the court.

Post-Divorce Alimony (Maintenance): This type of support is awarded after the divorce is finalized and can be either permanent or for a specified duration. The court may determine that this type, based on various factors, including the length of the marriage and each spouse’s financial situation, whether the recipient can become self-supporting, and how long it may take the recipient to obtain the needed skills to do so.

Rehabilitative Maintenance: Aimed at helping a spouse re-enter the workforce, rehabilitative maintenance is typically granted for a limited time to assist the recipient in gaining the necessary skills or education to become financially independent.

Eligibility for Alimony in New York

So, what is eligibility to receive alimony based on? Eligibility for spousal maintenance in New York is not solely based on financial need – other factors are considered:

• Marriage Duration: Generally, longer marriages are more likely to result in an award of alimony.
• Financial Disparity: A significant difference in income and earning potential between the spouses can influence eligibility.
• Contributions to the Marriage: Contributions may include homemaking, child-rearing, or supporting the other spouse’s career advancements.
• Age and Health: The age and health of both spouses are also considered, particularly if one spouse is unable to support themselves due to medical conditions.

Calculating Alimony in New York

The calculation of spousal maintenance in New York is not as straightforward as simply applying a formula – it involves a combination of guidelines as well as the unique circumstances of the case. New York utilizes Maintenance Guidelines and a New York state maintenance calculator, which help in determining the presumptive amount and duration of alimony.

Presumptive Amount: The basic calculation involves taking 30% of the higher-earning spouse’s income and subtracting 20% of the lower-earning spouse’s income to arrive at a presumptive maintenance amount.

The Joyce Factor Adjustment: The court may adjust this amount based on circumstances, which include the recipient spouse’s needs, the payor spouse’s ability to pay, the standard of living during the marriage, and other relevant considerations.

Duration of Alimony in New York

The duration of spousal maintenance in New York varies significantly based on the type of alimony awarded and the circumstances of the marriage. Temporary maintenance lasts until the divorce is finalized, while post-divorce maintenance can be either for a specified term or indefinitely. Permanent alimony/maintenance is rare and generally applies to long-term marriages, often exceeding ten years.

In July 2015, New York instituted specific guidelines to help define the duration of maintenance based on the length of the marriage. For marriages of less than 15 years, the duration is a formula based on the length of the marriage. For marriages of 15 to 20 years, the court may award maintenance for up to 50% of the marriage’s duration. For marriages that lasted more than 20 years, maintenance may be awarded indefinitely or until the recipient remarries.

Factors Considered in Maintenance Determination

Various factors influence a judge’s decision when determining alimony in New York. Some of the key considerations include:

• The length of the marriage
• The age and health of both spouses
• The income and property of each spouse
• The needs of the dependent spouse
• The standard of living established during marriage
• The contributions made by each spouse to the marriage including home making and child-rearing responsibilities.
• The time and expense needed for the recipient spouse to acquire education or training for employment.

New York Alimony Attorney

Understanding spousal maintenance in New York state is often found to be a challenging task. Experienced alimony attorneys understand how to plan for life after divorce, and they can help make your case for financial support while ensuring that you are treated fairly throughout the process.

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Bedsores are not only painful but can also lead to serious infection if left untreated. Understanding the stages of pressure ulcers, their causes, risks, and effective prevention strategies is crucial to ensuring the health and well-being of at-risk individuals. This is especially true for healthcare workers who take care of hospice and nursing home patients who are confined to their beds.

Stages of Pressure Ulcers

Pressure ulcer stages typically indicate the severity of the injury incurred:

Stage 1: The skin appears red and does not turn white when pressed. This stage is the beginning of skin damage and may be painful to the touch.

Stage 2: The ulcer extends into the skin layer, resulting in a shallow open sore or blister. The area may ooze or appear moist.

Stage 3: The ulcer deepens and may extend into the subcutaneous fat layer. The wound may have a yellow or white dead tissue layer, and there is a risk of infection at this stage.

Stage 4: This is the most severe stage, where the ulcer extends beyond the fat layer into muscle, bone, or supporting structures. There is a significant risk of serious infections, which can lead to systemic complications.

Causes and Risk Factors

Several factors contribute to the development of pressure ulcers, particularly in individuals with limited mobility.

While early-stage ulcers may heal relatively easily, the risk of infection escalates significantly as the ulcer worsens. The presence of dead tissue and the access points created by an open sore make it easier for pathogens to invade the body.

Primary causes and risk factors include:

• Immobilization: Prolonged sitting or lying down can lead to increased pressure on certain body areas.
• Poor nutrition: Malnutrition impairs skin integrity and delays healing.
• Moisture: Excessive sweating or incontinence can lead to skin breakdown.
• Age: Older adults typically have thinner skin, making them more susceptible to pressure sores.
• Medical conditions: Conditions such as diabetes, vascular disease, or neurological disorders can affect blood flow and sensation, increasing risk.

Signs and Symptoms of Infected Pressure Ulcers

• Increased pain or tenderness around the ulcer
• Redness and swelling
• Pus or foul-smelling drainage
• Fever or chills
• Delayed healing or increased size of the ulcer

If any of the above listed signs are observed in infected bed sores, it’s essential to seek medical attention promptly to prevent the infection from spreading.

Bedsore Prevention Strategies

Preventing bedsores is crucial, especially for those at substantial risk for infection. Here are some effective bed sore prevention strategies:

Frequent position changes: Encourage individuals to change positions every two hours while in bed, and more frequently if sitting in a chair is recommended.

Use pressure-relieving devices: Using special mattresses, cushions, and pads may reduce pressure on vulnerable areas.

Maintain skin hygiene: Keep the skin clean and dry and, if applicable, apply moisturizer to keep the skin supple.

Balanced nutrition: Ensure that the patient is intaking a diet that’s rich in vitamins and proteins to support skin health and healing.

Regular skin assessments: As a caregiver, be sure to check the skin frequently for any signs of redness or breakdown.

Urging and Helping Residents to Move

For caregivers, one of the most critical aspects of preventing pressure ulcers is by helping residents to move, either in or out of bed. For residents who are able, encourage them to engage in light physical activity. Simple movements may stimulate blood flow and reduce pressure points.

For those with limited mobility, assist them in changing positions or getting out of bed. Teach residents and their families about the importance of movement and how to recognize early signs of pressure ulcers.

Understanding bedsores and their causes, stages, and prevention strategies is essential for maintaining the health and well-being of vulnerable individuals. By proactively addressing the risk of pressure ulcers, caregivers can not only improve residents’ quality of life but also significantly reduce the risk of serious infections.

Consult with an Elder Neglect Lawyer

If you suspect that a caretaker or nursing home has been negligent and has contributed to or caused a loved one’s untreated bedsores, an elder neglect lawyer can help determine if you have grounds for a lawsuit. Although the process may be complicated, experienced nursing home abuse lawyers in your area can help simplify the process.

To speak with one of our nursing home neglect attorneys, call us at 718-523-1111 or request a free consultation.

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