In dissolution of parties' long-term marriage, wife should not be awarded a greater share of marital property merely because she had been a long-term economic success and husband had been a relative economic failure.
Cooper v. Cooper, ___ A.D.2d ___, 630 N.Y.S.2d 158 (1995).
Distribution of marital funds should be based on consideration of statutory factors and not on parties' informal banking arrangement during the marriage.
Flynn v. Flynn, 664 N.Y.S.2d 966 (N.Y. App. Div. 1997). Property accrued prior to marriage while the parties were cohabiting is marital property for divorce purposes if the parties were pooling funds.
Koehler v. Koehler, 697N.Y.S.2d 478 (N.Y. Supp. 1999). Property acquired in both parties’ names while they were cohabiting prior to marriage is to be treated as marital property in any divorce proceedings.
Judson v. Judson, 679 N.Y.S. 2d 465 (N.Y. App. Div. 1998); Lischynsky v. Lischynsky, 501 N.Y.S. 938 (N.Y. App. Div. 1986). If separate property and marital property are mixed in a joint account, and many withdrawals are made and it cannot be determined if the funds were used for family living expenses, the funds are considered all marital property.
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To learn more about comingled assets in divorce, consult our explanation here.
