Dugan v. Dugan

238 A.D.2d 741, 656 N.Y.S.2d 769, 1997 N.Y. App. Div. LEXIS 3927
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 17, 1997
StatusPublished
Cited by4 cases

This text of 238 A.D.2d 741 (Dugan v. Dugan) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dugan v. Dugan, 238 A.D.2d 741, 656 N.Y.S.2d 769, 1997 N.Y. App. Div. LEXIS 3927 (N.Y. Ct. App. 1997).

Opinion

Spain, J.

Appeal from a judgment of the Supreme Court (Monserrate, J.) ordering, inter alia, equitable distribution of the parties’ marital property, entered October 18, 1995 in Broome County, upon a decision of the court.

The parties were married on April 23, 1982 and maintained their residence in the Village of Johnson City, Broome County. They have no children from their marriage; plaintiff has two [742]*742children from a previous marriage. At all times relevant hereto, plaintiff was a practicing attorney specializing in matrimonial law and defendant was an administrator with the State Office of Mental Health. From July 1985 to June 1990, promotions which defendant pursued and accepted required her to live in the vicinity of the City of Rochester, Monroe County, and she commuted to the marital residence on weekends. During this period, defendant completed the work necessary to fulfill the requirements for her Master’s degree which she had commenced prior to the marriage. In June 1990, defendant took a lateral transfer to a position in Broome County. The record reveals that the parties retained a great degree of financial independence, maintaining separate accounts, investments and personal credit cards; the parties did, however, share a limited amount of common and joint expenses, and occasionally assisted each other with unusual individual expenses.

The instant action was commenced in December 1992. The parties consented to the entry of a judgment granting mutual divorces; subsequently a nonjury trial was held on the issue of the equitable distribution of marital property. After trial, Supreme Court found that the parties entered the marriage with established and independent professional careers; that neither assisted, advanced or enhanced the other’s career during the marriage; and that both departed the marriage with their careers intact, unaffected by the marriage. The court also found that each party maintained his or her own finances and assets while meeting joint marital expenses, creating only two significant pooled assets, i.e., the marital residence and a vacant lot purchased for a proposed future marital residence. The court further found that, beyond the joint expenses and the two pooled assets, the only significant movements of money between the parties during the marriage was from defendant to plaintiff to help him meet business-related obligations or to pay college tuition for one of his children. Supreme Court concluded that under the unusual circumstances of this marital arrangement and in fairness, both parties should retain their individually titled assets and property. The court equally divided the net proceeds from the sale of the marital residence

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Cite This Page — Counsel Stack

Bluebook (online)
238 A.D.2d 741, 656 N.Y.S.2d 769, 1997 N.Y. App. Div. LEXIS 3927, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dugan-v-dugan-nyappdiv-1997.