Lawson v. Lawson

288 A.D.2d 795, 732 N.Y.S.2d 753, 2001 N.Y. App. Div. LEXIS 11517
CourtAppellate Division of the Supreme Court of the State of New York
DecidedNovember 29, 2001
StatusPublished
Cited by10 cases

This text of 288 A.D.2d 795 (Lawson v. Lawson) 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
Lawson v. Lawson, 288 A.D.2d 795, 732 N.Y.S.2d 753, 2001 N.Y. App. Div. LEXIS 11517 (N.Y. Ct. App. 2001).

Opinion

Mugglin, J.

Appeal from a judgment of the Supreme Court (Seibert, Jr., J.) ordering, inter alia, equitable distribution of the parties’ marital property, entered August 14, 2000 in Saratoga County, upon a decision of the court.

Plaintiff, age 49, and defendant, age 47, were married on [796]*796June 16, 1979. Defendant left the marital residence in June 1998 and plaintiff commenced this action for divorce in July 1999. Following a nonjury trial, Supreme Court granted plaintiff a divorce on the ground of abandonment. Pursuant to the decree, plaintiff was awarded custody of the parties’ daughter and defendant was ordered to provide support for both the daughter and his emancipated son, a college student. Defendant was also ordered to pay maintenance in the amount of $1,000 per month for five years, retroactive to plaintiff’s pendente lite application. The court also determined equitable distribution of the marital assets, that expert witness expenses should be shared by the parties, and that counsel fees should be separately borne by each. Plaintiff appeals.

Plaintiff’s first contention is that Supreme Court erroneously found that the increase in value of defendant’s separate property interest in two corporations was entirely passive and, therefore, the increase was not distributable. “[A]n increase in the value of separate property of one spouse, occurring during the marriage and prior to the commencement of matrimonial proceedings, which is due in part to the indirect contributions or efforts of the other spouse as homemaker and parent, should be considered marital property” (Price v Price, 69 NY2d 8, 11). However, “where the appreciation is not due, in any part, to the efforts of the titled spouse but to the efforts of others or to unrelated factors including inflation or other market forces * * * the appreciation remains separate property” (id., at 18). In order to find that appreciation in separate property is a marital asset where, as it is in this case, the claim is predicated on the nontitled spouse’s indirect contributions, “some nexus between the titled spouse’s active efforts and the appreciation in the separate asset is required” (Hartog v Hartog, 85 NY2d 36, 46 [emphasis in original]). “[W]here an asset, like an ongoing business, is, by its very nature, nonpassive and sufficient facts exist from which the fact finder may conclude that the titled spouse engaged in active efforts with respect to that asset, even to a small degree, then the appreciation in that asset is, to a proportionate degree, marital property. By considering the extent and significance of the titled spouse’s efforts in relation to the active efforts of others and any additional passive or active factors, the fact finder must then determine what percentage of the total appreciation constitutes marital property [797]*797subject to equitable distribution” (id., at 48-49 [citations omitted] [emphasis in original]).

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Cite This Page — Counsel Stack

Bluebook (online)
288 A.D.2d 795, 732 N.Y.S.2d 753, 2001 N.Y. App. Div. LEXIS 11517, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawson-v-lawson-nyappdiv-2001.