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Division Stage of Divorce - Direct Financial Contributions and Lack of Contribution
© 2005 National Legal Research Group, Inc.
NEW YORK: Galvin v. Francis, 20 A.D.3d 550, 799 N.Y.S.2d 547 (2005)
The trial court did not err by awarding the husband none of the marital property titled in the wife's name, where the parties kept their finances separate during the marriage, and the husband did not provide any significant financial resources to the marital estate.
Once in a great while, a fact situation is presented in which an equitable distribution is no distribution at all. Such a fact situation arose in a recent New York case. The trial court awarded the husband a share of the marital home, which was titled jointly, but awarded him no share of any property titled in the sole name of the wife. Stressing the extreme facts, the New York Appellate Division summarily affirmed. The body of the court's opinion provided:
The trial court correctly found that the defendant husband did not engage in egregious conduct sufficient to affect the equitable distribution award as to the marital home, which was jointly held by the parties (see Orofino v. Orofino, 215 A.D.2d 997, 998, 627 N.Y.S.2d 460; Kellerman v. Kellerman, 187 A.D.2d 906, 907-908, 590 N.Y.S.2d 570). However, the trial court erroneously awarded him a distributive share of certain assets titled solely in the plaintiff wife's name. Except for the marital home, the parties kept their finances separate during the course of the marriage. They conducted themselves during the marriage in a manner inconsistent with the typical "economic partnership." The husband played an extremely limited role in the marriage and failed to provide any significant financial resources to the marriage. In view of these facts, the trial court erred in awarding the husband a distributive share of certain assets titled solely in the wife's name.
799 N.Y.S.2d at 547-48.
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