New York State Court of Appeals

Divorce

Equitable Distribution -- Valuation?Date

Mesholam v. Mesholam

2 No. 122

Appealed from the

Appellate Division

Background: At issue is whether the commencement of a prior, discontinued divorce action may serve as the valuation date for marital property for the purposes of equitable distribution in a later divorce action. The parties were married in 1969. The wife commenced an action for divorce in 1994. The husband answered, but did not counterclaim for divorce. Five years later, following long and contentious pretrial proceedings, the wife moved for permission to discontinue the action. The husband opposed and cross-moved to amend his answer to assert ...

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