Lawyers

  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.  The legislatures amended the Domestic Relations Law (DRL) §236B(5)(d) in April 2020 by adding a new factor that the court must consider in distributing properties between divorcing spouses.  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).  Domestic violence causes physical, emotional, and psychological effects on the victim.  Thus, the legislatures believed that abuse within a marriage must be considered to appropriately resolve the issue of whether the victim should receive more tha...