Blog Archives

Marital Fault in Equitable Distribution

Marital fault is who is responsible for the failure of the marriage.  Generally, it is not a factor in equitable distribution in contemporary New York practice.  Many a scorned or abandoned spouse believes that they deserved more because their spouse

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Equitable Distribution Analysis in a New York Divorce

This is the last post in our short series on equitable distribution.  The final step in an Equitable Distribution Analysis is distribution.  Marital property should be distributed “in a manner that reflects the individual needs and circumstances of the parties.” 

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Valuation of Assets and Liabilities

This is the second post in a series on equitable distribution in New York.  The first post addressed the first two steps in a four part equitable distribution analysis.  This post will address the third step. The third step in

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Equitable Distribution of Property Analysis in New York

In a New York matrimonial action the equitable distribution of property requires a four step analysis.  This post will examine the first two of these steps in order.  The final two steps will be discussed in two additional posts. The

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Temporary Maintenance Cannot Be Paid in Eggs, Produce and Vegetables

New York adopted temporary maintenance guidelines in 2010.  Since their introduction these guidelines have been the source of a significant amount of litigation.  The statute contains a formula for the calculation of the presumptive amount of temporary maintenance.  It also

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Separate Property in New York

In New York marital property is subject to equitable distribution in a divorce action.  So it is important to know exactly what marital property is.  It also is important to understand this concept before one gets knee deep into a

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