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The Matrimonial 'Dating Game'

By Timothy M. Tippins
August 27, 2003

A review of equitable distribution decisions in any given year can leave one reeling, if not from the novelty of the holdings, then certainly from the frequency with which certain fundamental issues are re-litigated with the predictability of the perennials of springtime.

One such recurrent issue is the impact of a dismissed or discontinued matrimonial action on the classification and valuation of marital property. The context of the issue is this: The matrimonial court, in administering the equitable distribution statute, must undertake a three-step process: 1) Classify assets as either marital or separate property; 2) Fix the value of each marital asset as of a designated valuation date; and 3) Determine the distributive percentage of marital property that each spouse will receive.

Classification is governed by DRL ' 236(B)(1)(c), which defines marital property as those assets acquired between date of marriage and the date of commencement of 'a matrimonial action.' Where a prior matrimonial action was dismissed or discontinued and is then followed by a second action, the question becomes which commencement date controls classification? If it is the earlier action, anything acquired between the two commencement dates will be immunized from distribution. If the latter action controls, those assets come into the marital estate.

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