New York Divorce Lawyer Blog
Generally, New York courts will resolve disputed issues in divorce actions in the judgment of divorce. If a court fails to adequately explain its ruling or reasoning, though, there may be grounds for appealing a judgment of divorce, as explained in a recent New York divorce action. If you have questions about how dissolving your marriage could impact your rights, it is smart to talk to a New York divorce lawyer as soon as possible.
Factual and Procedural Setting
It is reported that the wife bought an action for divorce against the husband. The husband subsequently appealed the judgment of divorce that, among other things, distributed marital assets and awarded attorney’s fees, spousal maintenance, and child support to the wife. The husband argued several points of error, including the valuation of his medical practice, the classification of certain real property in Vermont as marital assets, and the treatment of his premarital contributions to his individual retirement account (IRA). Additionally, the husband challenged the imputation of income to him for spousal maintenance and child support and the failure to grant him an equalizing credit for a portion of the plaintiff’s IRA.
Grounds for Appealing a Judgment of Divorce
On appeal, the court found merit in several of the defendant’s arguments. First, it agreed that the trial court had erred in valuing the defendant’s medical practice without explaining its reasoning for doing so. Further, the court erred in considering certain real property in Vermont as a marital asset. The court explained that under New York law, property obtained in exchange for separate property remains separate, even if the exchange happens during marriage. Here, the defendant convincingly demonstrated that the Vermont property was bought using proceeds from the sale of his separate property, making it non-marital. Thus, the court modified the judgment by removing the portions related to the Vermont property.
Additionally, the court determined that the premarital contributions to the husband’s IRA should not have been classified as marital property. Additionally, the court found fault with the imputation of income to the husband for spousal maintenance and child support, as the trial court failed to provide adequate reasoning or evidentiary support for its calculations.
The court upheld the trial court’s decision to award attorney’s fees to the wife, however, considering her status as the non-monied spouse and the court’s discretionary power in such matters. Nevertheless, it directed the trial court to recalculate the amount of the attorney’s fees award in light of the new determinations regarding the imputation of income to the defendant.
Regarding the valuation of the marital residence, the court upheld the trial court’s decision to use the date of the appraisal, considering various factors such as the husband’s failure to pay the mortgage and refusal of purchase offers. Finally, the court rejected the husband’s argument for an equalizing credit for a portion of the wife’s IRA, finding no evidence of her contributions during the marriage.
Talk to a Dedicated New York Divorce Attorney
The New York courts generally issue reasoned and fair judgments of divorce, but if they do not, the aggrieved party may have grounds for pursuing an appeal. If you need assistance with a divorce matter, it is wise to talk to an attorney about your options. Ksenia Rudyuk is a dedicated New York divorce attorney who possesses the skills and experience needed to help you protect your interests. You can contact Ms. Rudyuk by calling 212-706-2001 or using our online form to arrange a conference.