Commentary on Equitable Distribution

Authors

• Henry H. Foster Jr.

First Page

1

Last Page

98

Abstract

In 1980, New York enacted divorce reform through the Equitable Distribution Law, fundamentally reshaping alimony and marital property doctrine while eliminating sex-based distinctions embedded in prior statutes. This article examines the legislative intent, structure, and early judicial interpretation of amended Domestic Relations Law § 236. The Legislature pursued two principal objectives: (1) to bring New York’s domestic relations statutes into compliance with constitutional mandates prohibiting gender discrimination; and (2) to reform the law governing maintenance and the distribution of marital property. Although remedial legislation may constitutionally operate retroactively, the Legislature deliberately rejected broad retroactive application in order to secure enactment, expressly limiting the reach of substantive reform to matrimonial actions commenced on or after July 19, 1980, with narrow exceptions. The article analyzes the statutory division between Parts A and B of § 236, highlighting how Part A preserves prior law in gender-neutral form while Part B introduces equitable distribution, revised maintenance standards, compulsory financial disclosure, and related reforms. Finally, the article explores early and conflicting judicial decisions addressing the temporal application of Part B, including Deschamps v. Deschamps, Mercier v. Mercier, and Cooper v. Cooper, and assesses their implications for legislative intent, statutory interpretation, and transitional fairness during the implementation of New York’s new divorce regime.

Recommended Citation

Henry H. Foster Jr., Commentary on Equitable Distribution, 26 N.Y.L. Sch. L. Rev. 1 (1981).