Q.   Most lawyers seem to shy away from matrimonial law, saying that it is too emotional and that the clients are always so difficult.  For you, why this career path?

A.  Matrimonial law is about people.  We see individuals when they are at their most vulnerable; when they are feeling angry, betrayed and confused.  A good divorce lawyer is counselor, buffer and advocate; a professional who is able to help the individual navigate through this turbulent time.  It is quite a challenge, but the human rewards are great.  To me, it is far more satisfying to achieve a positive result for a person, than a faceless corporate entity. 

Q.   But how do you deal with all that dirty laundry, finger pointing and scape-goating?

A.   Actually, most people do not realize that matrimonial law has evolved from the days when it was all about fault.  Now, the courts place much more emphasis on the assets and financial issues.  Since 1980, New York recognizes that a marriage is an economic partnership.  The primary focus is on how to divide or distribute the property and assets acquired during the marriage and determine appropriate support when applicable.  So long as there are sufficient grounds to obtain the divorce, it generally does not matter how “bad” a spouse has behaved when it comes to the ultimate determination of how the marital estate is going to be split up.

Q.   So if blame is less important, what is so complex about matrimonial law?

A.   Of course, not every divorce is complicated.  If the parties are both rational, the case can often be wrapped up pretty quickly, even when either or both of the spouses have a high net worth.  But some properties, assets and financial investments require sophisticated analysis to obtain a proper valuation.  New York has a very broad definition of property in divorce cases.  Businesses, retirement accounts, careers and even professional licenses or educational degrees are, in appropriate circumstances, considered marital property, subject to appraisal and division between the parties.  Additionally, in certain cases, spouses are less than candid about their net worth, and we need to search beneath the surface to ensure that the entire marital estate has been disclosed to our client. 

Q.   What about alimony, is that concept still around?

A.   Yes, although it is now called spousal maintenance and it may be awarded for a set time period, after which the payments cease even if a remarriage has not yet occurred.  Negotiating an appropriate support package requires analysis and understanding of both the income source and the needs and requirements of the dependent spouse.  Many compensation packages are quite complicated, with payments being made not only in cash, but in stock and options, sometimes restricted and sometimes not.  Again, sophisticated analysis is key. 

Q.   Why Clair, Greifer? 

A.   We have the knowledge and experience to get the job done.  We know our way around the courtroom and the negotiating table.  But many of our colleagues would accurately say the same thing about themselves.  I would like to think that what distinguishes Clair, Greifer is our philosophy that each case is unique and deserves our targeted, focused and creative attention, with a large dollop of just plain hard work.  We do not take issues or people for granted, and we are not afraid to ask questions or research a particular point if we do not have a complete picture.  We are empathic.  We care.  We aggressively litigate when circumstances warrant.  But we seek to resolve through negotiation when possible. 

Q.   What’s the first step?