Legal Opinion

Butler v. Butler

Appellate Division of the Supreme Court of the State of New York

Decided September 23, 1991PublishedCited by 18 opinions

1Opinion of the Court

OPINION OF THE COURT

Bracken, J.

The principal question presented on this appeal is: How should a court distribute an asset which was acquired, and which has significantly increased in value during a marriage, where the asset in question was originally acquired in exchange for unequal amounts of each spouse’s separate property? In light of the malleability of the Equitable Distribution Law (Domestic Relations Law § 236 [B]), we conclude that the answer to this question cannot be reduced to any strict mathematical formula, but generally rests in the discretion of the trial court and will depend…

2Cases cited24 opinions

  1. Price v. PriceNew York Court of Appeals · 1986
  2. Coffey v. CoffeyAppellate Division of the Supreme Court of the State of New York · 1986
  3. Behrens v. BehrensAppellate Division of the Supreme Court of the State of New York · 1988
  4. Cappiello v. CappielloNew York Court of Appeals · 1985
  5. Maloney v. MaloneyAppellate Division of the Supreme Court of the State of New York · 1988

19 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Fields v. FieldsNew York Court of Appeals · 2010
  2. Monette v. MonetteAppellate Division of the Supreme Court of the State of New York · 1991
  3. McAlpine v. McAlpineAppellate Division of the Supreme Court of the State of New York · 1991
  4. Feldman v. FeldmanAppellate Division of the Supreme Court of the State of New York · 1994
  5. Diaco v. DiacoAppellate Division of the Supreme Court of the State of New York · 2000

13 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API