April 4, 2024 (New York, NY)
People choose to get married for a variety of reasons. In today’s age most people claim it is for love. With so high a divorce rate, why bother getting married? Diana Arnone Esq. of Diana Mohyi Attorney at Law, a New York Divorce Lawyer explains the benefits.
The law has evolved based on the socio-economic reasons for why people get married. It’s not just about love. Marriage can change a person’s standing in society by increasing their apparent net worth and married vs singles can move in different circles based on their status even today. Long ago tribes and kingdoms cemented alliances between themselves by offering up their children in marriage. European noblewomen and eventually merchant daughters, as global trade expanded, would bring significant dowries to their spouse’s estate. This would ensure the continued financial viability of the great families of Europe. Even villagers benefited from what the labor of their new spouse could provide. And no alliance of this kind was truly cemented without children. The same rings true today.
Regardless of if you are married, luckily the law as evolved to provide for child support to be paid by the non-custodial parent to the custodial parent. Child born out of wedlock before 1880 were out of luck. It was not until 1880 that child support laws became enacted. New York Law provides a calculation to use up to the income cap of $183,000 (2024) to determine basic child support. Above that the parties or their lawyers duel in out in court about whether the child should be provided more child support based on the lifestyle that would have been enjoyed by the child had the relationship remained intact. If the parties never had a relationship such as a marriage or other clear domestic partnership, this argument can be difficult to make. Therefore it can be argued that the fact of a marriage protects the maximum possible support of the child.
There is no spousal support or equitable distribution awarded unless there is a marriage! In today’s economy, good luck supporting a child on just one’s wages and child support. The fact of whether a marriage existed between the parties is the legal identifier for whether a court can determine how long the economic partnership lasted and therefore what spousal support or equitable distribution (payout of assets) the lesser monied spouse should receive.
It is my experience that the assets to be divided after a marriage which was a true economic partnership are significantly more after a marriage than when it first started. The support one can have from a supportive spouse is much more than money. The ups and downs of life can be challenging and emotional support from the one you love is invaluable. With the wrong spouse someone’s assets can dissipate pretty quick.
The level of commitment between partners significantly increases after a marriage because it is a commitment that cannot be easily undone. The process that one must go through makes a partner think harder about whether they want to end the partnership. When two people have a foundation to build on that is not easily erased in the heat of the moment with a few words.
If you are interested in learning how a prenuptial agreement can help you feel more confident about taking the leap into marriage or other family law issues, contact Diana Arnone Esq. of Diana Mohyi Attorney at Law, PC.