Legal Opinion

Kluge v. Kluge

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

Decided March 16, 1990PublishedCited by 2 opinions

1Opinion of the Court

Case held, decision reserved and matter remitted to Supreme Court, Erie County, for further proceedings, in accordance with the following memorandum: The trial court failed to comply with Domestic Relations Law § 236 (B) (5) (g) and (6) (b). The court must set forth the factors it considered and the reasons for its decision when making an equitable distribution of marital property and an award of maintenance, and this requirement may not be waived by either party. Mere reference to the statutory factors without a more detailed discussion of the court’s reasoning does not comply with the…

2Cases cited4 opinions

  1. Pacifico v. PacificoAppellate Division of the Supreme Court of the State of New York · 1984
  2. Hornbeck v. HornbeckAppellate Division of the Supreme Court of the State of New York · 1984
  3. Rosenstock v. RosenstockAppellate Division of the Supreme Court of the State of New York · 1988
  4. Gape v. GapeAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by2 opinions

  1. Jabri v. JabriAppellate Division of the Supreme Court of the State of New York · 1991
  2. Cusumano v. CusumanoAppellate Division of the Supreme Court of the State of New York · 1992

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