Domestic Violence can be a decisive factor in equitable Distribution

Effective May 3, 2020, and applicable to actions commenced on or after that date, domestic violence is now a specifically enumerated factor in equitable distribution, with the addition of new DRL §236(B)(5)(d)(14), which requires a Court to consider:

“(14) whether either party has committed an act or acts of domestic violence, as described in subdivision one of section four hundred fifty-nine-a of the social services law, against the other party and the nature, extent, duration and impact of such act or acts”  

Laws of 2020 Ch.55, Part PP (S.7505b/A.9505b), signed April 3, 2020

It is worth noting that the above equitable distribution factor is not the same as the temporary or post-divorce maintenance factor which references domestic violence, DRL §236(B)(5-a)(h)(1)(g) and DRL §236(B)(6)(e)(1)(g), respectively, which requires a Court to consider:

“(g) acts by one party against another that have inhibited or continue to inhibit a party’s earning capacity or ability to obtain meaningful employment. Such acts include but are not limited to acts of domestic violence as provided in section four hundred fifty-nine-a of the social services law”

DRL §236(B)(5-a)(h)(1)(g)

If you or anyone you know is suffering under the shroud of abuse, Brian A. Picarello & Associates, PC encourages you to seek help immediately. Click here for more information about what you can do and how an experienced domestic violence attorney can help. Call us at 631-392-4949 or email us at info@bpfamilylaw.com if you wish to discuss your particular situation as it relates to domestic violence and divorce

The information and suggestions contained herein are not to be construed as legal advice and may have been provided by a third-party source

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