New York Info

New York Divorce Start Your Divorce Find Professionals New York Articles Divorce Facts Divorce Grounds Residency Divorce Laws Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum New York Products Divorce by County

New York Articles

Agreements Custody & Visitation Child Support Counseling Divorce/General Domestic Abuse Financial Planning Foreign Divorce Mediation Parenting Property Division Spousal Support SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Sign In

Network Sites

New York Divorce Support New York Divorce Online

New York’s Equitable Distribution Law

Effective July 19, 1980, New York joined the ranks of many other states and became an equitable distribution state. The new law, known as the "Equitable Distribution Law", is actually an amendment to S236 of the Domestic Relations Law and, among other things, changes the concept of property and distribution of property upon dissolution of a marriage. Much of the new law was patterned after the Equitable Distribution Law enacted many years earlier in New Jersey. Prior to the enactment of the new law, New York was a "title" state and property in the name of a spouse ( the title spouse) remained that spouse's property after the marriage was dissolved. The nontitled spouse was rarely awarded any part of the property in the other party's name upon the dissolution of marriage. This was true even though the property was acquired during the marriage. There were exceptions in cases of fraud but it was often very difficult to prove and often fraud was not actually involved in the acquisition of property. (see Fischer v. Wirth, 38 AD2d 611 -3rdDept. 1971). One can readily see that prior to the equitable distribution law, harsh results could ensue upon the dissolution of a marriage which a court was powerless to correct, absent fraud.

The new law, hereinafter referred to as EDL, made many other significant changes to existing law. One of those changes was to gender-neutralize those statutes within the Domestic Relations Law (DRL) and the Family Court Act (FCA) and those statutes outside of the Domestic Relation Law and the Family Court Act that created certain imposed obligations on one party to a marriage over the other party or imposed obligations on only one of the parties. The words "wife" and "husband" were replaced by "parent".

Prior to the effective date of EDL, the United States Supreme Court in Orr v. Orr, 99 Sup. Ct. 1102 (1979), held that an Alabama statute that provided for alimony to wives only was unconstitutional since it was a denial of equal protection of the law as guaranteed to the States by the Fourteenth Amendment to the U.S. Constitution. That decision is reflected in the EDL and in all other statutes in New York. Alimony ( now called maintenance) in now a mutual obligation.


Was this helpful? Like our site & let us know.

Related Articles


Start New York Divorce Start Your New York Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
New York Divorce Find New York Divorce Professionals in Your Area:
Join the Network
New York Divorce Products, Services and Solutions New York Divorce Products, Services and Solutions
New York Divorce Resources to Help You Through the Process.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free New York Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
   
The New York court awards alimony after considering the spouses' financial situation, earning capacity, income, and the circumstances of the marriage. For example, if one spouse stayed home to care for the household while the other spouse supported the household, then the court generally requires the working spouse to continue supporting the other spouse. Alimony ends when the spouses agree, one spouse dies, or the receiving spouse remarries.
Divorce Lawyers & Mediators
 

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:

 

Start Your Divorce File for a New York Divorce

 

Settle Your Divorce Negotiate Your New York Divorce

 

Support Forum New York Support Forum


FEATURED TOOL - The Divorce Encyclopedia IPhone App (Search 1000 terms from A-Z)


Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"