On July 19, 1980, New York’s Equitable Distribution Law (Domestic Relations Law [DRL] §236B) became effective. Prior to that date, when spouses divorced, title to property remained with the spouse holding title at the time when the marriage was dissolved. Thus, if the husband had sole title, he kept the asset (or the liability), as did the wife if she held title in her individual name, and, if title was in the joint names of both spouses, it was divided equally (or as some would say “right down the middle”).
The Equitable Distribution Law, in responding to the Women’s Rights Movement that had been sweeping across the United States in the years leading up to its passage, looked upon marriage as a “partnership” akin to a “business partnership.” The underlying theory was that each of the spouses (i.e., the “partners”) made economic and other valuable contributions to the partnership by giving of their time in service to that partnership as a spouse, companion, homemaker, parent, worker, income producer, etc.
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