Case Law Update – Quarter 1, 2021
No matrimonial newsletter would be complete without highlighting the courts, current and anticipated case decisions, and the future viewpoint from both a state-wide and nationwide perspective. Every quarter, Marcum Matrimonial Insider will include a feature column analyzing and considering the latest legal precedents and outlook, together with the impacts and effects in the matrimonial arena.
Ever since the standards for matrimonial dissolution were codified into statutes, case law has interpreted those statutes and created new legal precedent. From what appropriately qualifies as an equitable distribution award to what should be considered in an alimony or support order, to how separate and marital property is distinguished, understanding case law and pending decisions should be at the forefront of every matrimonial practitioner’s resources. What passes in one state is not necessarily precedent in another state, and what has historically been the legal standard for decades can change with a single case ruling.
Consider the concept of enhanced earning capacity and the valuation of licenses and degrees that, for so long, remained a component of many property awards in states such as New York; consider the equities that were sought to be enforced in enacting an enhanced earning capacity value as a component of a marital state, and consider, too, the equities that were then considered in ruling that enhanced earning capacity was no longer appropriate.
Tune in to Marcum Matrimonial Insider every quarter to learn about the hot topics in the matrimonial sector of the courts, what decisions could have significant influences on future cases, and what we project in terms of future outlook. 2021 is sure to keep us on our toes!