The determination of how marital property will be distributed pursuant to New York’s “equitable distribution” scheme seemingly continues to evolve year after year. More specifically, how the marital property will be distributed requires, at least under New York law, a closer look at the intricacies of each marital unit—which may well include how a couple lived their lives in the ordinary course.

While that type of analysis may seem unduly cumbersome, the Second Department’s recent decision in Jean Marie Potvin v. Guy Potvin, 2021 NY Slip Op 02429 (2d Dep’t 2021) is further proof that courts will, if necessary, take the deep dive into how a married couple conducted themselves—even in social situations—to evaluate the appropriate manner in which to distribute marital property equitably.

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