Understanding Equitable Distribution in New York Divorce

One of the most contentious topics in a divorce proceeding is how to distribute the couple’s marital property. While other states divide marital property exactly in half, the State of New York uses an approach called equitable distribution, meaning assets are distributed equitably as opposed to evenly. In this article, we’ll discuss a case in which equitable distribution played a pivotal role and how it was handled.

Background of the case

In the aforementioned case, the couple was engaged in divorce litigation, with some controversy regarding the distribution of marital property. As in most divorce cases, the two sides owned assets they claimed an interest in.

During the litigation, it became the court’s responsibility to determine whether certain assets were marital property or the separate property of one of the spouses. According to New York statutes, marital property is defined as any asset acquired during the marriage, regardless of the name listed on the ownership document. On the other hand, separate property may include premarital property as well as gifts made exclusively to the person who owns them.

At the end of the trial, the court rendered a decision on how to divide the spouses’ property.

Nevertheless, one of the spouses felt that the court’s evaluation of certain assets was erroneous and thus decided to appeal.

The appeal

In its decision to appeal, the appellate court reviewed the propriety of applying the principles of equitable distribution in accordance with New York law. In doing so, the court took into consideration how the trial judge classified the disputed property and the adequacy of distributing property based on evidence presented in court.

When making determinations under equitable distribution laws, New York courts take into account various statutory considerations, such as:

• The financial situation of each party before the marriage and at the time of the dissolution
• The duration of the marriage
• Age and health of each spouse
• Contributions by each spouse to the marital enterprise, including non-monetary contributions like child-rearing and supporting their spouse’s career
• Future prospects of each party

In the aforementioned case, the appellate court ensured that the trial judge correctly applied the law in classifying and dividing property among the spouses. While giving trial judges wide discretion in distributing property among spouses, appellate courts have the right to step in if they find that the distribution was inappropriate.

Key takeaways

The ruling in the aforementioned case highlights some key points regarding equitable distribution in New York divorce cases. Unlike in other jurisdictions where the property acquired during the marriage is split in half, in New York, marital property need not be split 50/50. The objective of equitable distribution is to come up with an equalizing factor taking into account all the facts of the case. 

Talk to a Westchester County, NY, Divorce Lawyer Today

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

Source:

law.justia.com/cases/new-york/appellate-division-second-department/2024/2020-00797.html