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]
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, a married couple's 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 listed in the Domestic Relations Law. None of these factors is marital fault. "Marital fault” refers to the misconduct of either party that [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]
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]
Pre-nuptial agreements are not just for the rich and famous. Today more people are marrying for the first time at an older age. There are more second and third marriages because of high divorce rates and longer life expectancies. For these reasons there is a growing need for pre-nuptial agreements. And although a pre-nuptial agreement [Read More]