SUMMARY OF SELECTED PROVISIONS OF THE DOMESTIC RELATIONS LAW

Bases for Divorce

  • Adultery
  • Abandonment
  • Cruel and inhuman treatment
  • Imprisonment for three years after marriage
  • Living apart for one year or more pursuant to a signed separation agreement or judicial decree of separation
  • The relationship between husband and wife has broken down irretrievably for a period of at least six months, provided that one party has so stated under oath (the "no-fault" basis).

Powers of the Court in a Divorce Action

  • Grant or deny an action for divorce
  • Distribute marital property and marital debts
  • Award temporary and permanent maintenance (alimony)
  • Award temporary and permanent child support, custody, visitation
  • Order possession and use of marital home and the contents of the home
  • Order purchase of health/life insurance
  • Order the payment of counsel, investigative and appraisal fees
  • Issue an Order of Protection

Equitable Distribution Factors

  • Income and property of each party at time of marriage
  • Income and property of each party at commencement of legal action
  • Duration of marriage, age and health of parties
  • Need of custodial parent to occupy or own marital residence and to use or own household effects
  • Loss of pension rights, inheritance or health insurance rights as of date of dissolution of the marriage
  • Any award of maintenance
  • Equitable claim to, interest in, or direct or indirect contribution made to the acquisition of such marital property by the party not having title, including joint efforts or expenditures and contributions and services as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party. The court shall not consider as marital property subject to distribution the value of a spouse's enhanced earning capacity arising from a license, degree, celebrity goodwill, or career enhancement. However, in arriving at an equitable division of marital property, the court shall consider the direct or indirect contributions to the development during the marriage of the enhanced earning capacity of the other spouse
  • Liquid or non-liquid character of all marital property
  • Probable future financial circumstances of each party
  • Impossibility or difficulty of evaluating any asset or interest in a business, corporation or profession
  • The desirability of retaining the asset, or interest in the business, corporation or profession free from any claim or interference by the other party
  • Tax consequences to the parties
  • Economic fault of the spouse with money who attempts to wastefully dissipate, transfer or encumber assets prior to or during a matrimonial action to preclude equitable distribution
  • Whether either party has committed an act or acts of domestic violence, as described in subdivision one of Section 459a of the Social Services Law, against the other party and the nature, extent, duration and impact of such act or acts
  • Any other factor which the court shall consider just and proper.

Maintenance

  • Standard of living established during the marriage
  • The income and property of the respective parties including marital property distributed pursuant to the divorce
  • The duration of the marriage and the age and health of both parties
  • The present and future earning capacities of both parties
  • The ability of the party seeking maintenance to become self-supporting and, if applicable, the period of time and training necessary therefore Reduced or lost lifetime earning capacity of the party seeking maintenance as a result of having foregone or delayed education, training, employment, or career opportunities during the marriage
  • The presence of children of the marriage in the respective homes of the parties
  • The tax consequences to each party
  • Contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker, as well as contributions of the party seeking maintenance to the career potential of the other party
  • The wasteful dissipation of marital property by either spouse
  • Any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration
  • Any other factor which the court shall expressly find to be just and proper