What happens when cultural and religious traditions clash with the presumptions underlying New York’s Equitable Distribution Law, negating the concept that a marriage is an economic partnership? To what extent should those traditions impact New York Law affecting long-term marriages?
In the March, 2017 case, Yehia v. Goma, the parties had been married in 1977 in Egypt in both civil and religious ceremonies, and resided in New York since 1992, (although the wife returned to Egypt between 2008 until 2011). They had three adult children.
During the trial, the parties entered into two stipulations: one resolving the isues of properties held in Egypt; the second addressing the division of the sale proceeds of the marital residence in New York, and the wife’s claim for counsel fees. As a result of the two stipulations, the issues left open for decision included equitable distribution of pension and 401(k) Plan assets, maintenance, and credits against Equitable Distribution.
Westchester County Supreme Court Justice Victor G. Grossman recognized that a significant issue affecting the claims of credits arises from how the parties managed their economic spheres during the marriage. He noted that the parties both remained Egyptian citizens and had led a devout life and marriage in accordance with Islamic Law. Both parties’ actions had been consistent with their religious and/or cultural traditions.