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Cases of Interest: Cutoff Date
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CALIFORNIA: In re Marriage of Hardin, ___ Cal. App. 4th ___, 45 Cal. Rptr. 2d 308 (1995).
To identify the date of separation, the parties' subjective intents must be objectively determined from all of the evidence reflecting their words and actions during the disputed time period to ascertain when the rift in their relationship was final.
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INDIANA: Fuehrer v. Fuehrer, 651 N.E.2d 1171 (Ind. Ct. App. 1995).
Debts incurred by one spouse for medical expenses and other necessaries after the filing of a dissolution petition are not debts of the marriage to be paid out of the marital estate.
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MICHIGAN: Byington v. Byington, ___ Mich. App. ___, 568 N.W.2d 141 (1997).
A lucrative compensation package earned by the husband during separation was marital property, but his contribution to the acquisition of the package could be considered as a factor in dividing the marital estate.
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NEW JERSEY: Pascale v. Pascale, 140 N.J. 583, 660 A.2d 485 (1995).
Stock options awarded after the filing of a divorce complaint but obtained through efforts expended during marriage are subject to equitable distribution.
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NEW YORK: Sullivan v. Sullivan, ___ A.D.2d ___, 607 N.Y.S.2d 937 (1994).
The cutoff date for equitable distribution is the commencement of the equitable distribution proceeding, not the date at which one party obtains a judgment of divorce in another state.
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