Divorce: New York

Divorce: New York

Category Archives: Credits

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Charging a Party for Spending Marital Assets During the Divorce Action

Posted in Credits, Equitable Distribution
The filing of a divorce summons commences the action and terminates the marital economic partnership. As noted by the Court of Appeals in Mesholam v. Mesholam, 11 N.Y.3d 24, 27, 862 N.Y.S.2d 453 (2008), that partnership is to be considered dissolved when a divorce action is commenced. Retroactive to the first request for support, often… Continue Reading

Credits for Paying Home Carrying Charges During Divorce

Posted in Credits, Equitable Distribution
Adjusting the financial rights between divorcing spouses for the payment of marital residence carrying charges while the divorce action is pending can be problematic. Claims for such adjustments are not always made and the results may be affected by other issues. Calculation of the credits may be illogical. In its September, 2015 decision in Goldman… Continue Reading