Westbrook v. Westbrook and Duplication in the Second Department
October 9, 2018Did the Second Department Appellate Division’s August 29, 2018 decision in Westbrook v. Westbrook, 2018 Slip Op 05956 [164 AD3d 939],…
Read MoreMajauskas Formula Not Well Suited for Division of Defined Contribution Plans
May 14, 2018On May 10, 2018 the Appellate Division, Third Judicial Department, in Carlson v. Dorsey, upheld the right of Suzanne Carlson’s estate…
Read MoreThe Inequity of Keane: A Call for Reform
February 13, 2018Say what you will about O’Brien v. O’Brien’s concept of enhanced earnings capacity as a marital asset, the notion of value being…
Read MoreSecond Department Divorce: 26-Year Marriage, 25% Distributive Award, 8 Years Maintenance
February 13, 2018In Culen v. Culen, 2018 NY Slip Op 00541, the Second Department Appellate Division upheld the decision from Westchester County Supreme…
Read MoreDouble Housing Expenses in Child Support Award – Third Department
April 22, 2017In Arthur v. Arthur, 2017 NY Slip Op 01608 (3rd Dept.), the Court held that appellant husband was not entitled to…
Read MoreHigh Income Divorce – Third Department
January 4, 2017In this era of formula-driven child support and spousal maintenance awards (at least for post-January 2016 divorces), it is interesting to…
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