Practice point: Generally, expenses incurred prior to the commencement of an action for a
divorce are marital debt to be equally shared by the parties upon an
offer of proof that they represent marital expenses.
Student note: Equitable distribution does not necessarily mean equal distribution, and the court may consider the entirety of the marital estate in apportioning responsibility for marital debt.
Case: Augustin v. Bullen, NY Slip Op 08221 (2d Dept. 2013).
Here is the decision.
Tomorrow's issue: An application for a continuance.
