One of the more difficult issues plaguing both judges and practitioners in New York divorce actions is the equitable distribution to a non-titled spouse of a marital asset consisting of a business interest, professional practice (Business Interest) and/or professional degree, license, or celebrity obtained during the marriage (EEC).
The ultimate percentage awarded, along with the appropriate calculation of spousal support, are complicated areas to understand and predict largely because of the dearth of published decisions at the trial level on these issues and the lack of factual recitations in appellate division decisions. As a result of this lack of information, there is less guidance for constructive settlement discussions and trial preparation. This article attempts to glean from recent available decisions what, if any, trends exist in distributing a Business Interest and EEC and how the distributive award and the court’s calculation of spousal support intersect.
Recent Trends in Awards
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