How Spousal Abuse Is Reflected in Asset Division
New York is one of many states that, during the
divorce process, redistributes marital property “equitably.” While
this does not always translate to an exact 50-50 split of assets, it reflects
the judge’s intent to reassign a couple’s shared belongings
in a way they deem fair.
Deciding what is fair is not entirely subjective. Rather, New York law
outlines a number of factors for a judge to consider when reaching a verdict on
asset division. The criteria long remained unchanged until recently.
In 2020, New York adopted a new amendment directing family law courts to
consider whether either party committed an act, or multiple acts, of domestic
violence. They will also consider the “nature, extent, duration,
and impact of such act or acts.”
This consideration, originally introduced before the coronavirus outbreak,
is the newest of 15 that the court will use when reaching a decision on
how to equitably decide assets.
Altogether, the factors that a judge must consider are:
- Each spouse’s separate property and income at the time of marriage
and the time of divorce
- The length of the marriage and each spouse’s age and health
-
Either
custodial parent’s need to own the marital home
- Either spouse’s loss of inheritance or pension rights upon the dissolution
of marriage
- Either spouse’s loss of health insurance benefits upon the divorce
-
Any
alimony that is awarded
- Whether one party made contributions to the marital property that they
do not have a title for, such as by assuming the role of a homemaker while
the other progressed in their career
- The marital property a couple has, and how much of it is in liquid and
non-liquid assets
- The likely future financial status of each spouse
- The difficulty of assessing an asset’s value, such as interests in
a business, and whether one spouse should be awarded the asset in order
to run the business without interference by the other party
- The tax consequences each spouse will face
- Either spouse’s wasteful dissipation of assets
- Whether either spouse transferred or sold marital property immediately
preceding the divorce so that the other could not receive it
- Whether either party committed acts of domestic violence
- Any other factor the court considers to be just and relevant in a given case
The adoption of this factor is significant. Prior to the explicit mention
of domestic violence, victims instead had to prove that there was “egregious
or outrageous” mistreatment. The vague nature of this guideline
did a disservice to abused spouses, leaving the judge to decide whether
the domestic violence met their particular interpretation of outrageous conduct.
Domestic violence is now a measurable factor that courts must consider
in reallocation of marital assets. Learn more about what it could mean
for your divorce case by
contacting The King Law Firm today.