for a consultation
News about Divorce Law in New York State
Recognized as one of the
Articles on New York Divorce Law
Recent Entries«Return to Main Blog Page
Jun 2023The Law on Counsel fees in divorce and Child Custody cases in Manhattan and in all other cities in the First Department of the State of New York
Jan 2023Family Law and Estate Planning
Nov 2022NEW CHILD SUPPORT LAW POSSIBLY PROVIDING ADDITIONAL SUPPORT FOR ADULT CHILDREN THROUGH AGE TWENTY SIX
Dec 2021Can I withdraw my Divorce?
Mar 2019Can I sue for Adultery?
Jan 2019WHAT DO I TELL THE KIDS?
Dec 2018CHANGES IN DIVORCE LAW
Dec 2018Family Offense
Oct 2018Can I apply for Custody?
Oct 2018Must I sue for custody?
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