If you know that your marriage is truly over, delaying obtaining a
divorce may not be a good idea. Obviously, each person's situation is unique
but there are some reasons why waiting to legally separate or divorce
may not be in your best interests.
Delaying your filing gives each party more time to plan, hide assets or
defer income. Business income may go up or down. Assets may change significantly
in value. Retirement contributions will continue. Clearly the financial
distribution will be affected by the length of the marriage and the change
in value of assets.
A parent that may not have been as involved in the children's upbringing
may all of a sudden become super involved to try and obtain
custody. All of a sudden a parent is going to school conferences, after school
games, doing homework, cooking meals and stepping up to enhance their
relationship. I am not saying that is a bad thing, but if you are the
parent that has been more involved previously, the extra time may not
work to your benefit even though it may be good for your children.
As income changes up or down,
child support and
maintenance is affected. The market for the sale of the house may change significantly
as well as the value.
Existing law may change. New York is about to change the law on spousal
support and eliminate the value of enhanced earning capacity created by
licenses or degrees received during the marriage.
The decision to divorce is personal and unique to each person. Once the
emotions of the decision are separated from the legal aspects of the decision,
careful consideration should be given to the timing.