New York Divorce Law...

New York Law - Examples

Here are some examples of courts' division of businesses.

Cases:

Hartog (1995) 623 NYS2d 537 (25% of the appreciation in value of a business was found to be marital property. This reflects the fact that Husband was actively involved only to some extent, attending board meetings and discussing affairs with his brother).

Hoadley (1995) 623 NYS2d 447 (restaurant business that was thriving before marriage, where husband alone contributed to business, where wife worked as waitress and was paid, remains separate property).

Yasparro (1994) 615 NYS2d 753 (40% share to Wife, where husband initially made significant financial contributions, wife worked at business on daily basis throughout marriage and after couple's separation).

Fish (1990) 557 NYS2d 549 (The husband requested a divorce (his fourth) after six years of marriage. The wife sold a home she had owned and moved in with plaintiff at the start of the marriage. The home was the plaintiff's separate property. During the marriage, the wife contributed 54% to the cost of building a garage on the property. The home appreciated in value during the marriage. The court accepted the testimony of a real estate appraiser that the home was worth $181,500 at the time of the filing for divorce, and would have been worth $162,000 had the garage not been built. The court awarded the wife 54% of the $19,500 difference due to the garage. As an alternative theory, the court found that the entire house became marital property and awarded the wife 10.08% of the home -- which had the same value as 54% of the $19,500.)

Olivio (1993) 604 NYS2d 23 (base value on years of employment during marriage).

Schlachet (1991) 574 NYS2d 320 (where spouse was parent and homemaker, and sacrificed career, she shared 50% in appreciation of husband's psychology practice).

Lipan (1990) 554 NYS2d 7 (wife awarded 1/8 share of taxi medallion which had been purchased prior to marriage, in light of her contributions toward payment of mortgages which were paid off during marriage out of a joint account to which wife contributed).

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