Legal Question in Family Law in New York

Q. Thus my question is: can/does the plaintiff proving the "ground(s)" in the divorce affect how marital assets are distributed?

A. Generally, the answer is no. Grounds generally do not effect equitable distribution. Equitable distribution is determined under NY DRL 236B. The statute sets forth that equitable distribution is based on the following factors - none of which include grounds:

"(1) the income and property of each party at the time of marriage, and at the time of the commencement of the action;

(2) the duration of the marriage and the age and health of both parties;

(3) the need of a custodial parent to occupy or own the marital residence and to use or own its household effects;

(4) the loss of inheritance and pension rights upon dissolution of the marriage as of the date of dissolution;

(5) the loss of health insurance benefits upon dissolution of the marriage;

(6) any award of maintenance under subdivision six of this part;

(7) any equitable claim to, interest in, or direct or indirect contribution made to the acquisition of such marital property by the party not having title, including joint efforts or expenditures and contributions and services as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party;

(8) the liquid or non-liquid character of all marital property;

(9) the probable future financial circumstances of each party;

(10) the impossibility or difficulty of evaluating any component asset or any interest in a business, corporation or profession, and the economic desirability of retaining such asset or interest intact and free from any claim or interference by the other party;

(11) the tax consequences to each party;

(12) the wasteful dissipation of assets by either spouse;

(13) any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration;

(14) any other factor which the court shall expressly find to be just and proper."

Mike.

There are several issues here:

1. Who the plaintiff is and who the defendant is does not make any difference at all in the New York equitable distribution scheme. Neither does the specific grounds make a difference, except in the most extreme of cases (and it doesn't sound like you're anwhere near there.)

2. What "equitable" means to you requires a detailed examination of the facts and circumstances of your case, including the length of your marriage, and how specific assets were acquired and when.

You do not say that you have children, so I'll leave out a discussion of the equitable distribution factors that relate to the standard of living of any children of the marriage.

My strong recommendation is that you arrange a consultation with a divorce lawyer to go through the details of your case.The cost of the consultation is invariably less than the cost of making a mistake while trying to do it yourself.

If I can be of service, please let me know. By the way, I credit the cost of a consultation against my fee should you decide to retain me to handle your divorce.