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Jan 2023Family Law and Estate Planning
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Dec 2018CHANGES IN DIVORCE LAW
Dec 2018Family Offense
NEW YORK EQUITABLE DISTRIBUTION LAWS AS AMENDED
January 13, 2023
CHANGES IN EQUITABLE DISTRIBUTION
ANIMALS AND EQUITABLE DISTRIBTION
There have been exciting New Developments in Equitable Distribution law in New York. The latest factors include the impact of domestic violence on distribution of marital property and the distribution, so to speak of domestic companion animals.
The factors for EQUITABLE DISTRIBUTION are as long as they are divorce but the below list is a current list of what a Judge may consider in dividing up the marital estate in the event of an unfortunate divorce.
DOMESTIC RELATIONS LAW §236B(D) allows the Court broad discretion as to how to divide marital property. They consider the following statutory factors, as well as anything else deemed just and proper.
The below list has been amended and companion animals have now been provided for in this equation.
That said, it is well settled law that “While equitable distribution does not necessarily mean equal distribution, when both spouses have made significant contributions to a marriage of long duration, the division of marital property should be as equal as possible in a divorce case.” Eschemuller v. Eschemuller, 167 A.D.3d 983 (2d Dep’t 2018). That means that in order to have a strong case for equal distribution of the marital assets you would want to have a long term marriage with relative contributions by both the husband and wife. This is because the Courtin New York views marriage as an economic partnership.
For instance, In the case of Sogloff to Cravo v. Diegel, 163 A.D.3d 920, 83 N.Y.S.3d 91 (2d Dep't 2018) the Court affirmed the lower Supreme Court’s award of 45% of the marital residence and funds despite the long length of the marriage because the husband did not make a comparable contribution to the Wife’s contribution, Whereas in other cases, the Court split the marital assets equally because the parties were able to demonstrate both a lengthy marriage and significant contributions.
By: Your Manhattan Divorce Lawyer
and New York City Divorce Lawyer Lisa Beth Older