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Foreign Divorce
Sometimes a party obtains a Judgment of Divorce outside of the jurisdiction where the marital residence is located, and the other party does not appear in that action. Thereafter, when either party commences an action for distribution of marital property in the state of the marital residence, a question arises as to what date is used as a cutoff date in classifying whether property is marital or separate. Is it the date of the earlier commencement of the divorce proceeding in the foreign state, or the date of the later commencement of the distribution action?
What Happens in New York
In New York, marital property is defined as “all property acquired by either or both spouses during the marriage and before execution of a separation agreement or the commencement of a matrimonial action, regardless of the form in which title is held.” Domestic Relations Law (DRL) ' 236B(1)(c).
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