Equitable Does Not Mean Equal: Uneven Asset Distribution in New York Family Law Cases

In New York family law cases, the courts follow the principle of equitable distribution. This means that the marital estate may not be divided evenly between the two parties. In some cases, the court will award more of the marital estate to one party than the other. In this article, we’ll discuss a New York family law case in which the marital estate was not divided evenly. This is important knowledge for anyone going through a divorce.

Background of the case 

In the aforementioned case, the couple was married for about ten years and had three children together. During the marriage, they accrued many assets that became part of their marital estate. In time, the marriage didn’t work out, and this resulted in a divorce action. The case went before the New York family court.

After hearing testimony from both parties, the court decided to award the wife more of the marital estate than her husband. The husband was unhappy about this and appealed the decision, arguing that the marital estate should have been divided evenly.

The appeal

The husband appealed his case to the Appellate Division, Third Department, contending that the unequal distribution of property by the lower court was incorrect.

According to NY Domestic Relations Law §236(B), property should be equitably, not equally, distributed, depending on various factors including length of marriage, each party’s income and assets, contributions, and future financial conditions.

In these cases, the trial courts are granted wide discretion when ordering an equitable distribution, and the appellate courts generally don’t intervene.

On examining the facts, the appellate courts found that the lower court applied the factors in the statute and that the unequal distribution was indeed equitable. Thus, the divorce decree was upheld.

Key takeaways from the case

This case makes it clear that, in New York divorce equity cases, it’s not necessarily a 50-50 split. It’s about being fair, and sometimes that means one person gets a larger share than the other.

The case also demonstrates the discretion that trial courts have to make decisions in these cases. If the trial court has carefully considered the statutory factors and made a decision based on the evidence, appellate courts are likely to defer to them. So long as the trial court carefully considered the statutory factors and made a decision based on the evidence, appellate courts are likely to defer to them.

The allocation of assets in divorce cases in New York is very case-specific, and the final allocation of the assets is based on what the court deems fair for all parties. 

Talk to a Rockland County, New York Divorce Lawyer Today

The Law Office of Robert S. Sunshine represents the interests of Rockland County residents during their divorce. Call our Rockland County family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

nycourts.gov/Reporter/3dseries/2004/2004_04397.htm#:~:text=The%20parties%20were%20married%20in,awarded%20maintenance%20and%20counsel%20fees.