Impact of Covid-19 on Divorce Separation and Family Law
Posted on: May 21, 2020
By: Elaine M. Colavito
It is anticipated that post-Covid-19 quarantine, there will be a marked increase in the filing of divorce cases. The stay at home orders, leaving families confined to their homes with one another, are one of many factors, leading to increased tension. Moreover, as people come to terms with the mortality associated with the virus and reflect and reevaluate one’s life, he or she may decide to leave an unfulfilling marriage.
Furthermore, the financial stress caused by the loss of jobs, as well as the general state of the economy, will undoubtedly put a strain on even the strongest unions. For individuals who are considering separation or divorce, it is advisable to consult with a matrimonial attorney to understand one’s legal rights, and obligations. Generally, when couples separate or divorce, they must consider the following issues:
● The Equitable Distribution of marital property: At the outset, assets must be identified. Assets include real property, retirement assets, and businesses. Once identified, the assets must be classified as marital or separate, or some combination thereof, an often-litigated issue. Dividing assets may require obtaining appraisals, the value of which may be impacted by the pandemic.
● Child custody: Custody is comprised of two aspects: (1) physical custody, the parent with whom the child(ren) will primarily reside and (2) legal custody, the parent who will have the right to make legal decisions on behalf of the child(ren). In determining custody, courts consider what is in the best interests of the child(ren). It is important to understand custody and the ramifications of potential custody arrangements.
● Child Support: It is imperative to evaluate child support obligations. The Child Support Standards Act (“CSSA”) provides guidelines as to the appropriate amount of child support based upon number of children, and income of the parties, up to certain limitations. There are factors to consider if one is seeking to deviate from the guidelines. Undoubtedly, Covid-19 will impact support as parties may be laid off or other financial hardships.
● Spousal Support: Spousal support is determined by a formula contained in the Domestic Relations Law (“DRL”) based upon income of the parties, up to a cap. The DRL also provides guidelines for the duration of spousal support based upon the length of a parties’ marriage, generally calculated from date of marriage through date of commencement for divorce. As with child support, there are factors to consider if a deviation from the statutory calculation is sought. Lay-offs or other Covid-19 related hardships may impact spousal support.
● Other Separation or Divorce Related Issues: In navigating stressors placed on marriages, it is often advisable to seek individual and potentially marital counseling as one decides from an emotional or mental health perspective, if separation or divorce is appropriate. Also, for those in relationships involving domestic abuse, new challenges are being faced amid stay at home orders. The possibility of obtaining a protective order should be considered to maintain safety.
Evaluating each potential matter involves an analysis of the fact-specific circumstances of one’s family dynamics and financial affairs. If you are considering separation or divorce, please call our matrimonial law department at Sahn Ward Coschignano, PLLC for a consultation.