matrimonial law divorce money propertyThe Equitable Distribution Law of 1980 (EDL) reflected a compromise. At the time a wife who was guilty of grounds for divorce was denied alimony and exclusive occupancy of the marital residence, and property was distributed based upon who had the title to it. All but a few persons were convinced that the then existing law was unjust, and inconsistent with the reasonable expectations of marital partners.

The keystone for equitable distribution was the premise that marriage is an economic as well as a social and private relationship that should be regarded as a joint undertaking or partnership with its own internal assignments of labor. It was the product of individual and partnership efforts that would serve as the ”pot” for property distribution purposes upon divorce. See Foster, Freed & Brandes, Law and the Family New York, 2d Edition, 1986, Volume 1, §1:1 and Volume 3, §7:1, et seq.

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