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Common legal remedies for contract disputes

Being involved in a contract dispute can be overwhelming, stressful and a lengthy process. Contract disputes are all too common and occur in just about every industry. There are various reasons for a contract dispute to occur, including failing to deliver on agreed upon items, missing deadlines and more. Here are some legal remedies used when faced with contract disputes.

One of the most common legal remedies used in a contract dispute is that of restitution. Restitution is ordered by a court after a case is heard between the plaintiff and the defendant (violator of the contract). The court will order the person who breached the terms of the contract to repay the plaintiff a specific amount of money.

Topics to discuss before saying

If you are getting ready to take a walk down the aisle in New York,, there are a couple of important topics you should discuss with your future spouse before saying "I do." These topics are very important because they could crop up again down the road if you were to file for divorce.

How will you handle finances as a married couple? Will both people work? One of the most common reasons for divorce is money. Is one person a spender and the other a saver? This can be a difficult combination to blend once you are married. Discussing the finances for marriage prior to saying "I do" is very important.

Pre-divorce cooperation may result in more positive outcome

If you are like most people in New York, you don't have a budget. Maybe this has worked well for you if adequate money comes in at a good pace and you have minimal expenses. However, this is rarely the case, and most households pay their bills and let the future take care of itself. Unfortunately, raising a family without a budget often ends badly when emergencies or other expenses take you by surprise. Planning ahead is always the best way to prevent such financial disasters.

As important as a budget is for married couples, if you are approaching divorce, that budget may be your lifeline. The first step to creating a budget is understanding how much money comes in and how much goes out. This includes both your income and expenses and those of your spouse, as well as your total household expenses. What you may soon realize is that, without each other's help, you may both be facing years of financial hardship after the divorce.

Your business is on the line during a divorce

It is nice to know that, despite media reports painting a picture of gloom, most marriages do not end in divorce. In fact, the most recent analysis of data shows the opposite, that divorce rates are declining. However, this news may not console you if you are in the minority whose marriage is coming to an end. You are likely full of questions and concerns about your future and what you can do to protect your interests.

If these interests include a business, your concerns may be on many fronts. The business is not only the result of your hard work and investment of time and money, it is also likely your source of income and perhaps the income of your employees. If you did not take precautions to guard against it, your business may become just another marital asset, subject to division during divorce proceedings. A divorce may place that business in jeopardy.

Do I have to wear a medical device provided by an employer?

As an employee, you depend on each and every one of your coworkers to keep the wheels on the wagon for your operation. Many businesses looking to strengthen their core teams are now offering employees a variety of wearable devices that can help improve overall health and performance, but not all employees are ready to get on board with wearable medical devices, known as wearables.

An employer who offers employees tools to help them take good care of themselves is not only altruistic, it makes good business sense. Healthier employees generally perform at higher levels of excellence than sick or injured employees, after all. However, there are definitely limits to what an employer can require in the workplace. Even if an employer incentivizes you as an employee to use wearable health care devices, the employer cannot require you to do so as a qualification of your employment. Employees must use wearables voluntarily, in general.

Loss of health insurance coverage as a factor in spousal maintenance determination

In a previous post, we began looking at the issue of health care coverage as a factor in negotiating property division in divorce. Loss of health insurance coverage can and should be used as a bargaining chip in property division to ensure the spouse losing coverage is not unfairly disadvantaged after divorce.

Loss of health insurance coverage is also a factor in calculating spousal maintenance. Specifically, when it comes to awards of temporary spousal maintenance, courts use a fixed formula to determine the presumptively correct amount. Courts may alter the award, though, based on a number of factors, including loss of health care insurance coverage. 

Is worry about health care coverage preventing you from filing for divorce? P.2

In our previous post, we mentioned that a significant number of couples are currently postponing divorce because of concerns about lack of health insurance coverage due to uncertainties in how health care law will be reformed. The decision to postpone divorce on this basis certainly isn’t for everybody. For some couples, there are enough other factors as play that health care insurance isn’t a major concern.

Whenever possible, of course, it is good for an individual seeking marital dissolution to have a solid understanding of what his or her health care and health insurance costs will be after divorce. One reason for this is that it helps with general preparation for the changes that are coming, so the transition is smoother. 

Is worry about health care coverage preventing you from filing for divorce?

Divorce is almost always a stressful situation for couples, even when the desire to dissolve the marriage is mutual and couples are making a good faith effort to cooperate as best they are able. Stress can arise from any of the changes that occur with divorce, but particularly from changes in finances and child custody.

Among the financial changes that can occur in divorce are changes in health insurance coverage. When both spouses work with employers that offer similar coverage, obtaining insurance coverage after divorce may involve very few changes. When coverage greatly differs between employers, though, or when one spouse doesn’t work and doesn’t have employer sponsored coverage readily available, the financial changes resulting from loss of coverage can be significant. 

Patent protection vs. trade secret protection: a brief look at benefits, disadvantages, P.2

Previously, we looked at some of the basics of patent protection. As we noted last time, patent protection is certainly useful and valuable for what it does, but many businesses also make use of trade secret protection to ensure competitors are unable to benefit from valuable business information.

In one sense, comparing patent protection to trade secret protection is not helpful since not everything that may be protected as a trade secret meets the criteria for patentability. In other words, it isn’t always possible to have valuable business information patented. This can happen when an invention, discovery, or design is not sufficiently novel to warrant patent protection. On the other hand, inventions, discoveries and designs which could otherwise be patented can also simply be protected as trade secrets. In these cases, weighing the benefits and disadvantages of patent and trade secret protection can be helpful.

Now you see it, now you don't: Is your spouse hiding money?

Since the day you married your soon-to-be-former spouse, you've grown accustomed to a particular lifestyle, one that you worked hard to achieve and prefer to keep once your divorce is finalized. Many New York residents are currently facing similar situations; in fact, some are engaged in contentious battles over finances, which can be stressful and can cause delays toward settlements. For some, the central focus is merely a matter of asset distribution. New York, like most other states, distributes marital property equitably in divorce.

This means that although everything may not be divided 50/50, the court will determine how best to proceed to split assets fairly between both parties. Some people really have their work cut out for them in court when they suspect their spouses of illicitly transferring assets to keep them out of the property division pool.

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