Matrimonial Valuation Dates

Ask any experienced matrimonial lawyer in New York State what valuation date should be used in valuing marital property, and the answer will inevitably be the same: “active” assets (i.e., those whose value depend on the labor of the titled spouse) should be valued as of the date of commencement of a matrimonial action, and “passive” assets (i.e., those whose value depend solely on market forces) should be valued as of the date of trial. Indeed, the case law generally holds this to be true, based on the theory that, with respect to an active asset, a titled spouse should be prevented from manipulating its value after the date of commencement of a matrimonial action, and should also be entitled to the results of his or her post-commencement efforts with respect to the asset to the exclusion of the non-contributing spouse. See e.g., Wegman v. Wegman, 123 AD2d 220, 509 NYS2d 342 (2nd Dept. 1986); McSparron v. McSparron, 87 NY2d 275 (1995); Greenwald v. Greenwald, 164 AD2d 706 (1st Dept. 1991).