Legal Opinion

Mahoney-Buntzman v. Buntzman

New York Supreme Court

Decided February 8, 2006PublishedCited by 1 opinion

1Opinion of the Court

*870OPINION OF THE COURT

William J. Giacomo, J.

Domestic Relations Law § 236 (B) (4) (b) provides that:

“As soon as practicable after a matrimonial action has been commenced, the court shall set the date or dates the parties shall use for the valuation of each asset. The valuation date or dates may be anytime from the date of commencement of the action to the date of trial.”

Generally, assets that are “active,” i.e., those whose value appreciates or depreciates as “the product of [the titled] spouse’s labors,” should be valued as of the commencement date of the action, while “passive” assets, i.e.,…

2Cases cited15 opinions

  1. McSparron v. McSparronNew York Court of Appeals · 1995
  2. Wegman v. WegmanAppellate Division of the Supreme Court of the State of New York · 1986
  3. Greenwald v. GreenwaldAppellate Division of the Supreme Court of the State of New York · 1991
  4. Harrington v. HarringtonAppellate Division of the Supreme Court of the State of New York · 2002
  5. Seidman v. SeidmanAppellate Division of the Supreme Court of the State of New York · 1996

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3Cited by1 opinion

  1. Sinnott v. SinnottAppellate Division of the Supreme Court of the State of New York · 2021

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