CASES IN WHICH ATTORNEY RUBIN WAS THE TRIAL LAWYER FOR ONE OF THE PARTIES
The following are contested divorce trials in which Attorney Rubin represented either the Husband or Wife.
The judge's ruling is called the Memorandum of Decision. While the Memorandum of Decision is publicly available at the court clerk's office and on legal websites, the cases have been redacted to remove identifying information about the parties.
The Case of the $10 Million Inheritance:
Attorney Rubin represented the Wife. The parties were married 22 years and have 2 children. Both the Husband and Wife taught at a university. The Husband's affair caused the breakdown of the marriage. The assets of the family totaled about $10 Million. Virtually all of the assets were inherited by the Husband (and had appreciated during the marriage). The court awarded 59% of the total assets to the Husband and 41% of the total assets to the Wife. The Husband was ordered to pay $600 per week in child support. The presumptive support under the Child Support Guidelines was $386 per week. The Husband earned $148,000 per year and the Wife earned $52,000 per year. In addition to $31,200 of child support per year, the Husband was ordered to pay lifetime alimony to the Wife of $21,600 per year. The detailed parenting plan for the children is attached to the decision as are the Child Support Guidelines.
The Case of the 29 Year Marriage:
Attorney Rubin represented the Wife. The parties were married 29 years and had two children. The Husband was an attorney and the Wife was a homemaker. The cause of the breakdown was the Husband's affair. The Husband tried to enforce a prenuptial agreement but the judge ruled that enforcing the agreement would be unfair to the Wife. The court awarded the Wife $2.4 Million of assets and awarded the Husband $1.9 Million. In addition the Wife retained her family trust interest of $1 Million because the Husband's attorney had failed to have an actuary value the trust interest. Out of income of $340,000 per year the husband was ordered to pay the Wife lifetime alimony of $117,000 per year and child support of $19,900 per year to supplement the Wife's part time income of $15,000 per year.
The Case of the Early Retirement:
This is a case 11 years after the divorce when the Husband tried to terminate the Wife's lifetime alimony award of $62,400 per year. Attorney Rubin represented the Wife. The Husband was a vice president at the Pepsi Cola Company. The Wife had been a homemaker and was not employed. The defendant said that at age 55 it was clear that his job was going to be terminated at Pepsi and he accepted a voluntary severance. The court ruled that the Husband voluntarily left his job and ordered him to continue paying the full alimony order. The court ordered the Husband to pay $34,800 of unpaid alimony, plus interest and to pay $7,200 or one half of the Wife's attorney fees.
The Case of the Green Card:
Attorney Rubin represented the Husband who was a financial analyst at Bear, Stearns when the company collapsed. The Husband was a foreign national who came to the United States on a student visa and remained in the United States on a work visa. The parties were married three years. The Wife held a Ph.D. and was a research scientist. The Wife claimed that the Husband married her for a green card and that the marriage was fraudulent and sought to annul the marriage. The court ruled that the marriage was valid as it had been consummated, that the parties went on a honeymoon, that the Husband contributed to the cost of the Connecticut household (while staying in New York for work) and that the Husband's identification documents showed that he resided with the Wife. Although the Husband earned $157,750 at Bear, Stearns and the Wife earned $44,000, the court did not award the Wife any alimony or share of the Husband's assets other than a payment of $50,000. The Husband retained his retirement accounts and his house in China.
The Case of the Forgetful Disclosure:
Attorney Rubin represented the defendant Wife. The marriage, a second marriage for both parties, lasted 15 years. The Husband claimed a prenuptial agreement shielded his assets in excess of $1 Million. The court ruled that the prenuptial agreement was invalid because the Husband had failed to disclose all of his assets when the agreement was signed. The Husband was a fault for the breakdown due to out of marriage liaisons. The Wife retained her own real estate and substantial pensions and retirement assets and the Husband was ordered to transfer $235,000 to the Wife and pay lifetime alimony of $18,200 even though he was retired and only worked part time.