Practice point: Equitable distribution does not necessarily mean equal distribution. The equitable distribution of marital assets must be based on the
circumstances of the particular case and the consideration of a number
of statutory factors, pursuant to Domestic Relations Law §
236[B][5][d]). Those factors include: the income and property of each
party at the time of marriage and at the time of commencement of the
divorce action; the duration of the marriage; the age and health of the
parties; the loss of inheritance and pension rights; any award of
maintenance; any equitable claim to, interest in, or direct or indirect
contribution made to the acquisition of marital property by the party
not having title; and any other factor which the court shall expressly
find to be just and proper.
Student note: The trial court is vested with broad discretion in making an equitable
distribution of marital property, and unless it can be shown that
the court improvidently exercised that discretion, its determination will not be undone on appeal.
Case: Halley-Boyce v. Boyce, NY Slip Op 05047 (2d Dept. 2013).
Here is the decision.
Monday's issue: Defamation involving a matter of public concern.
