What is the test for determining the distribution of marital assets in a divorce action?
The following excerpt is from Fields v. Fields, 15 N.Y.3d 158, 905 N.Y.S.2d 783, 931 N.E.2d 1039 (N.Y. 2010):
In recognizing marriage as an economic partnership, Domestic Relations Law 236 mandates that the equitable distribution of marital assets be based on the circumstances of the particular case and directs the courts to consider a number of statutory factors. These factors encompass the income and property of each party at the time of marriage and at the time of commencement of the divorce action, the duration of the marriage, the age and health of the parties, the extent of any maintenance award and the nontitled spouse's direct or indirect contributions to the marriage, including "services as a spouse, parent, wage earner and homemaker" (Domestic Relations Law 236[B][5] [d] ). Absent an abuse of discretion
[931 N.E.2d 1047, 905 N.Y.S.2d 791]
this Court may not disturb the trial court's distributive award ( see Holterman v. Holterman, 3 N.Y.3d 1, 8, 781 N.Y.S.2d 458, 814 N.E.2d 765 [2004] ).[931 N.E.2d 1047, 905 N.Y.S.2d 791]
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