M.M. v. D.M.

302521/13 589 6065.

159 A.D.3d 562 (2018)

73 N.Y.S.3d 156

2018 NY Slip Op 02007

M.M., Respondent-Appellant, v. D.M., Appellant-Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 22, 2018.


Plaintiff concedes that defendant's Lehman Brothers retirement account, valued at $71,000, is separate property and was erroneously distributed as a marital asset. Accordingly, defendant is entitled to a credit in that amount.

The Referee, who issued a 269-page decision determining the financial issues ancillary to the divorce after an 18-day trial, providently exercised his discretion in distributing the parties' non-business marital assets 60% to plaintiff and 40...

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