Category Archives: Property Division

Abusive Spouses Pay the Price For Their Conduct in Equitable Distribution

Last week, Justice Jacqueline Silbermann sent a strong message to abusive spouses; domestic violence will be considered in the distribution of marital assets. In DeSilva v. DeSilva, she ruled that a wife was entitled to all of the couple's marital property because her husband had verbally and physically abused her. This decision went even further than…
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Assets To be Valued Now, Not Later

In a divorce, different types of assets are valued at different times.   For instance, passively held assets, like pensions, are generally valued as of the date of trial. Assets actively managed by one of the parties are generally valued as of the date of commencement of the action for divorce. In part, this prevents a litigant…
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Burning down the house or If I can’t have it, then neither can you.

In a frightening twist to a hotly disputed divorce in New York State, Dr. Nicholas Bartha, blew up his beloved town house on East 62nd  Street. In prior, postings, I had written of litigants who, no pun intended, followed scorched earth tactics.   Obviously, no one can foresee a party’s irrational behavior or violent reaction to…
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Broken Engagement- Who Keeps the Ring

Both New York tabloids picked up this weekend on a widely reported case involving a broken engagement and the return of an engagement ring. (Finance Hits Rock Bottom and Fiance is “Gift” Rapped.)  For purposes of complete disclosure, I represented the husband-to-be In this case, the husband-to-be sought to recover a large diamond engagement ring given to…
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War of the Roses, redux

 While there is not a lot of levity in divorce, perhaps this tale of a husband and wife involved in a bitter divorce for possession of the marital home could be instructive. The Husband may have won a battle ( or so he thought); he certainly lost the war.   The story, if not useful, is, at least,  humorous.  She…
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Pre-Nuptial Agreements: Till divorce do us part

The gossip pages will always provide rich material for the divorce and family law blogs. This weekend was no exception.  Nicole Kidman wed this weekend, but before the ceremony, she and her new husband signed a pre-nuptial agreement. A pre-nuptial agreement is a good way for parties to protect their assets prior to marriage and…
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Is rock, paper, scissors or picking odds/evens a better way to settle a case?

One federal judge, miffed at lawyers who could not agree on how to handle a dispute, ordered the lawyers to appear on the courthouse steps and resolve their petty squabble by playing rock, paper, scissors.  Judge Makes 'Rock, Paper, Scissors' Ruling.  Perhaps this is a good method of alternative dispute resolution. Clearly this judge would not…
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