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Economic Fault

By David M. Rosoff
October 30, 2013

Although the idea that marital “fault” in divorce should be weighed when distributing marital assets has, in general, gone by the wayside in New York, there is one exception. Economic fault, including wasteful dissipation of marital assets, is still a relevant consideration in equitable distribution. Domestic Relations Law ' 236[B][5][d], Owens v. Owens, N.Y.App.Div. Lexis 4292, 2013 NY Slip Op 4380; Brzuszkiewicz v. Brzuszkiewicz, 28AD3d 860, 813 NYS2d 793 (3d Dept. 2006). When faced with a client whose spouse has allegedly wasted marital assets, what must you know?

What Constitutes 'Wasteful Dissipation'?

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