An appeal was brought by a husband from a Supreme Court judgment ordering equitable distribution of the parties’ marital assets. The Appeal’s Court found the lower court correctly ordered equitable distribution of two joint bank accounts and the parties’ stock portfolio. These they found were indeed marital property.

Separate Property vs. Marital Property

The Appeal’s Court agreed with the position taken by the husband that the Supreme Court failed to properly consider what part of his pension was marital property and what part was separate property. The Appeal’s Court found that the husband had proved the starting and ending dates of his employment with the United States Postal Service. In addition, he had proved the date of the parties’ marriage. This allowed the Court to determine the portion of the pension which was earned during the course of the marriage and would be considered marital property. The portion of the pension that was earned prior to the date of the marriage should be considered separate property.

Marital Home Husband’s Separate Property

In addition, the Appeal’s Court found the judge in the Supreme Court had also made a mistake in finding that the parties’ residence was marital property, and because of this awarding 50% of its appraised value to the wife. The Appeal’s Court found the home was separate property and it could not be transformed into marital property related to contributions of the wife to its maintenance and upkeep. Since the house was purchased by the husband prior to the marriage it was his separate property and not subject to equitable distribution.

Elliot S. Schlissel is a father’s rights attorney representing husbands and fathers regarding issues concerning custody, spousal maintenance, division of assets and all other matrimonial and Family Court issues throughout the Metropolitan New York area.