The legal system is designed to adjudicate disputes by applying legal principles to the facts presented, thereby producing a predictable result in conformity with statutory constructs and established decisional precedent. In Fields v. Fields,1 the Appellate Division, First Department, rendered a 3-2 split decision which embodies the conflict between head and heart that not infrequently appears in the domestic relations arena and which too often does violence to the legal system.
The Legal Framework
The first step in equitable distribution analysis is to classify assets as either marital property or separate property in accordance with the statutory structure set forth in Domestic Relations Law §236(B). Well-established decisional law instructs that the initial classification issue, unlike the discretionary determination of distributive percentages at the end of the process, is a question of law,2 one that might even be determined in advance of trial in some circumstances.3
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
