Topic
Equitable Distribution
186 published works
North Carolina Appellate Practice Blog
Despite “Substantial” Violations of the Rules of Appellate Procedure, Court of Appeals Entertains Appeal of Equitable Distribution Judgment
Sometimes the North Carolina Court of Appeals encounters an appeal that gives it a case of the Mondays. Hill v. Hill is a case that, according to Judge Steelman, “appears…
Divorce: New York
Credits on Divorce for Using Marital Funds for Separate Property Assets
By Neil Cahn
The August 21, 2013 decision of the Appellate Division, Second Department in Patete v. Rodriguez may have expanded the credits available to the non-titled spouse when marital funds are expended…
Virginia Family Law Journal
Charlottesville Divorce Lawyer: 55% Equitable Distribution Award to Wife Upheld.
By Rob Hagy
In the case of Crater v. Crater, the Virginia Court of Appeals, in an unpublished opinion, ruled that the trial court property divided the parties' marital property by awarding 55%…
NJ Family Legal Blog
Equitable Distribution of the Marital Home – Things to Consider that Aren't Always Considered
Back in April of this year, I participated on a panel for the matrimonial track at the New Jersey Association for Justice Boardwalk Seminar regarding top financial mistakes in divorce. Whether because nobody…
Florida Family Law Blawg
New Alimony Law Passes Senate
After a third reading in the Florida Senate yesterday, CS/CS/SB 718, innocuously titled “Family Law”, was approved by that body with a vote of 29 yeas to 11 nays, and…
NJ Family Legal Blog
DEFERRED COMPENSATION – INCOME, ASSET OR BOTH?
Very often, we deal with cases where our client or his/her has compensation from employment that is more than just salary plus bonus. Rather, with all of the financial services…
Divorce: New York
Husband Gets No Separate Property Credit in Divorce for Pre-marital Home Deeded to Himself and His Wife Jointly
By Neil Cahn
In its December 13, 2012 decision in Murrary v. Murray, the Appellate Division, Third Department, affirmed the determination to deny a husband an equitable distribution credit for the value of a home…
Divorce: New York
Payment of Husband's Pre-marital Support Arrears Results in Equitable Distribution Credit to the Wife
By Neil Cahn
Distinguishing the 2009 Court of Appeals decision in Mahoney–Buntzman v. Buntzman, the Second Department, in its October 24, 2012 decision in Levenstein v. Levenstein, has held that if marital funds…
Divorce: New York
Contribution of Separate Property to Purchase of Jointly-Owned Marital Residence Was Not a Gift
By Neil Cahn
A spouse contributing separate property (most commonly pre-marital, gifted, or inherited funds) to the purchase of the marital residence does not make a gift of (half of) that payment to the…
New Jersey Law Blog
Determining Business Goodwill in Divorce Cases
By John S. Eory
Under New Jersey divorce law, all assets "acquired by the parties or either of them during the marriage" are subject to equitable distribution at time of divorce. While most assets…