New York Adds Domestic Violence as a New Factor to Consider for Equitable Distribution
Domestic Relations Law §236 now includes domestic violence as a factor to consider when determining equitable distribution in New York.
When the Legislature amended Domestic Relations Law (DRL) §236B(5)(d) in April 2020 by adding a new factor that the court must consider in distributing property between divorcing spouses, they implied it be on future matrimonial litigation as well as existing case law. The amended law essentially mandates that the court consider “whether either party has committed an act or acts of domestic violence, as described in [Social Services Law §459-a] against the other party and the nature, extent, duration, and impact of such act or acts.” DRL §236B(5)(d)(14).
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