Decisions of Interest

Glassberg v. Glassberg Unequal Distribution

December 30th, 2009

In New York, the Court is required to “equitably” distribute all marital property in a divorce action. In the case of a long a term marriage, it is often assumed that “equitable” means “equal.” However, that is not always the case.

In Glassberg v. Glassberg, decided on April 15, 2009, Debra L. Rubin successfully argued to the Court that the wife should receive more than 50% of the marital estate as there was not an equal economic partnership, where the wife worked full-time as a teacher and handled virtually all household duties with minimal assistance from the husband. The husband was disbarred as an attorney during the marriage, and thereafter, worked several jobs, making minimal contributions to the marriage. After trial, the Suffolk County Supreme Court determined that the wife was entitled to receive 65% of the net proceeds of the sale of the marital residence and 65% of her retirement assets in recognition of the husband’s “limited, sporadic, unreliable and inconsistent” support of the marriage.

Former Attorney’s ‘Sporadic’ Economic Support Results in Small Share of Marital Property

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