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INTRODUCTION TO DOMESTIC VIOLENCE AND EQUITABLE DISTRIBUTION
As a lawyer specializing in family law, I am often asked about the impact of domestic violence on equitable distribution in divorce cases. The issue of whether a victim of domestic violence can retain the marital home or other assets is a complex one, and recent changes in the law have brought about some significant shifts in how the courts approach this matter. In this article, we will delve into the evolving landscape of domestic violence and equitable distribution, providing insights into how these issues are being addressed in New York courts.
If you are in immediate danger, call 911. Also, you can contact the National Domestic Violence Hotline.
What is Domestic Violence?
Domestic violence is a deeply troubling issue that I, as a family law attorney, encounter frequently. It encompasses a range of abusive behaviors employed by one partner to establish dominance and control over the other within an intimate relationship. These behaviors can manifest in various forms, including physical, sexual, emotional, economic, psychological, or technological abuse. Such actions may involve threats, manipulation, humiliation, isolation, fear, coercion, blame, injury, or any behavior that inflicts harm or suffering on the victim. It is essential to recognize and address the severity and impact of domestic violence in order to protect the rights and well-being of those affected.
Domestic Violence can sometimes be difficult to define or prove. Merely being mean is not sufficient. Even verbal arguments may not be sufficient. Couples do have verbal arguments. Couples can also mutually argue. Domestic abuse has to be more. What that is will depend on each individual situation.
Men Can Also Be Victims of Domestic Abuse
It is crucial to acknowledge that domestic abuse is not limited to one gender. Men can also become victims of domestic violence, and it is essential to provide support and resources for male survivors. While societal norms and stereotypes often portray men as strong and invulnerable, the reality is that they can suffer from physical, emotional, and psychological abuse within their intimate relationships. By recognizing and raising awareness about the experiences of male victims, we can help break down barriers and ensure that all survivors receive the necessary assistance and protection, regardless of their gender.
In my 36-plus years of practice, I have seen many instances of men being the victims of domestic violence. While not as commonly reported as by women, it does occur and will not always be immediately discounted.
Understanding the Historical Context
When the Equitable Distribution law was initially enacted, marriage was primarily viewed as an economic partnership. At that time, the consideration of marital fault, including violence, was generally disregarded when it came to property division. Consequently, victims of violence often found themselves in a challenging position, unable to secure ownership of the marital home despite suffering physical or emotional abuse.
Changes in the Law: A Shifting Perspective
Thankfully, the law has progressed to recognize the significance of martial violence within the context of divorce. While in the past, courts would only consider it if it reached an extreme level, the legal landscape has changed. The amended law empowers divorce judges to take into account acts of domestic violence that have resulted in actual physical or emotional injury, or those that have created a substantial risk of harm to the victim or their child.
The Lack of Precedent: Navigating Uncharted Territory
As this is a relatively new legal development, there is a lack of established precedents to guide New York courts in their interpretation and application of the law. Consequently, there are differing perspectives on how broadly the term “act” should be interpreted. Some argue that any act of domestic violence, regardless of severity, should be considered, while others believe that only severe acts should be taken into account. At present, the courts have yet to provide clear guidelines on this matter. As the case law develops, I will update this article.
The Impact on Property Division: Assessing Severity
Another crucial aspect to consider is the effect of domestic violence on the equitable distribution of assets. Can a judge award the entire house or a substantial portion of a retirement account to the victimized spouse? The answer to this question depends on the specific circumstances and the severity of the domestic violence involved. It is unlikely that mere verbal altercations, such as yelling or cursing, would significantly influence the distribution of assets. However, when physical violence is present, it is more probable that the court will take such acts into serious consideration.
Seeking Answers: The Importance of Legal Counsel
Given the relatively recent nature of this statute, many questions remain unanswered. If you find yourself in the unfortunate position of being a victim of domestic violence, it is crucial to consult with an experienced family law attorney to determine the best course of action. Your lawyer will help you understand how the law applies to your specific situation, guide you through the legal process, and advocate for your rights and well-being.
Protecting Your Rights and Pursuing a Fair Outcome
While the impact of domestic violence on equitable distribution is an evolving area of family law, the ultimate goal is to ensure that victims of domestic violence are not further victimized during divorce proceedings. It is essential to gather evidence of domestic violence, including any medical records, police reports, or witness testimonies, to support your case. Additionally, documenting incidents, seeking medical attention, and engaging in counseling or therapy can further strengthen your position.
Understanding the Potential Outcomes
In cases involving domestic violence, the court has several options for addressing equitable distribution. While it is unlikely that the victimized spouse will be awarded the entire marital home or all of the assets, the court may consider compensating the victimized spouse through a larger share of the remaining assets or a greater spousal support award. Ultimately, the court’s decision will depend on the specific facts of the case and the severity of the domestic violence.
Conclusion: Prioritizing Your Safety and Rights
As we navigate this new legal landscape, it is crucial to prioritize the safety and well-being of victims of domestic violence. The law now recognizes the impact of such abuse on equitable distribution in divorce cases, providing hope for those who have endured such hardships. However, the interpretation and application of the law are still evolving, and seeking professional legal guidance is essential to protect your rights and pursue a fair outcome. If you find yourself in a situation where domestic violence has affected your marriage, call Port and Sava (516) 352-2999 for a free 15-minute consulation.
