McCabe v. McCabe

LARSEN, Justice.

I vigorously dissent.

Today, the majority effectively precludes the equitable distribution of a partner’s interest in partnership assets which interest can be reached by all of that partner’s creditors. The only person who now cannot reach this interest, which is usually the main asset of a marriage where a partnership interest exists, is the spouse of that partner. Thus, by contract, a spouse who holds an interest in partnership property is able to usurp the statutory laws of equitable distribution, and there will now be a stampede to tie one’s assets up in a “marital…