About Jay D. Raxenberg
Not just any divorce attorney. Learn what makes Jay D. Raxenberg Long Islands choice for Divorce Law.
This year’s celebrity tabloids have been inundated with news of our superstar couples splitting after discovering that one spouse has cheated on the other. The list is exhaustive ranging from Golf pro Tiger Woods cheating on Elin Nordegren, Motorcycle man Jesse James cheating on Sandra Bullock, Actor Ryan Phillipe cheating on Reese Witherspoon, Reality television star Jon Gosselin cheating on Kate Gosselin and Actor Ethan Hawke cheating on Uma Thurman – to name a few.
Many people wonder how these infidelities impact the distribution of assets if and when divorce is pursued. In New York, the court divides the marital property through a process known as equitable distribution. In short, instead of splitting the marital property 50-50 between husband and wife, the court will look at a number of factors to determine the financial situation of each spouse. These factors include:
(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.
Noticeably absent from these factors is the fact that one spouse committed an act of adultery. This is because New York Courts draw a distinct line between determining the reasons for getting divorced and dividing the marital property. Thus, while infidelity is a valid ground for initiating a divorce proceeding, it is not a means to getting more marital property.
New York Courts view marriage as an economic partnership. So, while Tiger Woods may have contributed monetarily to the marriage, Elin contributed time and energy in raising their children. Both parties have put an economic value into the marriage and any New York Court would divide this value in an equitable distribution. It is these considerations that will be attributed to how the marital property is split. Unfortunately, the emotional harm and mental anguish suffered by Elin Nordegren, Sandra Bullock, Reese Witherspoon, Kate Gosselin, and Uma Thurman will not be a factor a New York Court uses to equitably distribute their property.
However, with a good New York Divorce Lawyer, not all is lost. If the cheating spouse used marital assets to buy houses, jewelry, cars, or other tangible items for his or her paramour, an experienced matrimonial lawyer can recover the funds spent by showing that the cheating spouse dissipated the marital assets.
If you, or someone you know, is interested in obtaining a divorce or defending a divorce, contact Long Island Divorce Attorney Jay D. Raxenberg to schedule a complementary consultation.