When Divorce Does Not Mean an Equal Split: How New York Courts Handle Uneven Property Division

Many individuals involved in divorce presume that marital assets will simply be divided evenly. This is not true for New York State. Instead, an equitable distribution applies. This means that assets from a marriage will be divided in a manner that is equitable to both parties. An example of an unequal division of the marital estate can provide insight into how the courts evaluate divorce cases.

Background of the case

In the aforementioned case, the divorce was quite complex, with substantial assets including the marital home. Both parties thought that they should get their fair share of the assets, but the court decided that an equal distribution was not equitable in this case.

The trial court considered an extensive list of factors as required under New York State law. These included the length of the marriage, the financial contributions made by each spouse, the nonfinancial contributions made by each spouse, and the earning capacity of each party. The court also considered the conduct of both parties within the marriage.

On analyzing the evidence, a disproportionate share of the family home was given to one of the spouses in the case. This was due to the fact that an equal division was not considered equitable. The wife was thus given the lion’s share of the marital estate. The husband appealed.

The appeal

On appeal, the court did not challenge the authority of the trial court to make an irregular division of the marital estate. It only considered the merit of its review of the legal factors involved with making that decision.

In this case, the appeal court concurred with the argument that the division of the assets was unfair. However, the court agreed that the division wasn’t fair enough. Despite the discretion of the trial court, they did not use that discretion properly.

As a result, the appellate court made changes to the division. It closed the gap in percentages of the marital estate and reset the balance evenly. It reinforced an important principle of divorce law. Unequal does not mean unreviewed.

Key takeaways from the case

In this case, there were a variety of elements that the court took issue with. While equitable distribution of assets does not necessarily mean an even split, equal division is the default method of dividing the marital estate. The court needs to come up with some reason for diverging from an even split.

While the trial courts enjoy broad discretionary powers, their decisions must be based on sound and reasonable evidence. Further, they must explain why they’re dividing the marital estate unevenly. In this case, they didn’t.

Another point: appeals are possible but limited. The appeals court cannot annul the division of property simply because one of the separating parties is not satisfied with the judgment. There must be evidence that the lower court was guilty of abuse in disregarding equity.

Talk to a Rockland County, NY Divorce Attorney Today

The Law Office of Robert S. Sunshine represents the interests of Rockland County residents who are planning to divorce. Call our Rockland 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-first-department/2017/300828-10-4539.html