Marital fault is who is responsible for the failure of the marriage. Generally, it is not a factor in equitable distribution in contemporary New York practice. Many a scorned or abandoned spouse believes that they deserved more because their spouse has left them or been unfaithful or because the other party was lazy. The fact [Read More]
This is the last post in our short series on equitable distribution. The final step in an Equitable Distribution Analysis is distribution. Marital property should be distributed “in a manner that reflects the individual needs and circumstances of the parties.” Equitable distribution of marital property is intended to give effect to the "economic partnership" concept [Read More]
This is the second post in a series on equitable distribution in New York. The first post addressed the first two steps in a four part equitable distribution analysis. This post will address the third step. The third step in an equitable distribution analysis is the valuation of assets and liabilities. The dates used to [Read More]
In a New York matrimonial action the equitable distribution of property requires a four step analysis. This post will examine the first two of these steps in order. The final two steps will be discussed in two additional posts. The first task in an equitable distribution analysis is the identification of assets and liabilities. Each [Read More]
New York adopted temporary maintenance guidelines in 2010. Since their introduction these guidelines have been the source of a significant amount of litigation. The statute contains a formula for the calculation of the presumptive amount of temporary maintenance. It also states that a court may deviate from the presumptive award under the temporary maintenance guidelines [Read More]
In New York marital property is subject to equitable distribution in a divorce action. So it is important to know exactly what marital property is. It also is important to understand this concept before one gets knee deep into a divorce action. Marital property is defined as any property acquired by either party during the [Read More]
In New York State, marital property is subject to equitable distribution in a divorce action. The "equitable" distribution of marital property is determined by the set of fourteen factors that are listed in the Domestic Relations Law. These factors examine the "economic partnership" that constitutes the marriage in question and guide a court in determining [Read More]
I had a divorce client ask a very good question this week. She happened upon a house for sale that fits her needs perfectly. But we are nine months away from her scheduled divorce trial and she wanted to know what she could or should do since her divorce was pending. This is not the [Read More]
When you prepare a financial disclosure statement for court you need to be very careful. On a Financial Disclosure Affidavit for Family Court or a Statement of Net Worth for a divorce action accuracy is very important. You can hurt yourself if you are sloppy and put down inaccurate numbers on any type of financial [Read More]
In New York State the equitable distribution of marital property frequently is somewhere in the fifty-fifty range. Courts may vary by a few percentage points, but reviewing the voluminous case law of equitable distribution shows a strong predisposition for roughly equal distribution. This is with a very notable exception of childless marriages. In childless marriages [Read More]