Equitable Distribution Agreements Are Final Agreements

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Alan R. Feigenbaum ●

New York Law Journal, February 19, 2026 —

Among the many terms of art you may hear on a golf course is the word “mulligan”, i.e., a request for a “do-over” or second chance to hit the ball from the tee.

In many respects, life gives us second chances, whether with respect to something as silly as requesting a mulligan because you didn’t like your tee shot, changing careers, starting a new chapter post-divorce, and more. When you enter into a divorce agreement, however, you should expect that generally speaking, finality will trump any request for a second chance.

That brings us to Justice James L. Hyer’s recent decision in M.G. v. D.G., 2025 NY Slip Op 52020(U) (Westchester Cty., 2025). In M.G., the plaintiff-husband filed a motion to, inter alia, (a) stay the enforcement of the marital home buyout provisions in the parties’ judgment of divorce, which required the husband to pay the wife $156,762.91, and (b) grant to the husband an equitable credit and/or offset or otherwise adjust the enforcement of the buyout provision in light of a newly obtained refinance appraisal that valued the marital residence at $490,000 versus $625,000.

Without me writing another word, you have likely already figured out what happened in M.G.—the marital home was appraised during the divorce action as having a certain value, which formed the basis of a buyout computation in a settlement agreement.

Then, after the parties’ settlement agreement was signed, one party (the payor in the buyout scenario) got a subsequent appraisal that, if applied in place of the value used in the settlement agreement, would significantly reduce the buyout payment. Which appraisal do you think controls for equitable distribution purposes?

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Attorney Spotlight: Ali Fishbein—New York

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Stacy D. Phillips ●

With this edition of Attorney Spotlight, I am pleased to feature one of our esteemed New York colleagues in Blank Rome’s Matrimonial & Family Law group—Ali Fishbein.

Ali L. Fishbein
Partner

With over a decade of legal experience, Ali is a valued and indispensable member of our Matrimonial & Family Law team. A graduate of the George Washington University Law School, Ali has successfully represented clients in a wide range of high‑stakes cases involving substantial marital assets. Her experience, dedication, and keen understanding of family law make her exceptionally equipped to handle even the most complex legal challenges.

I have had the privilege of knowing Ali since she was about five years old. I have worked with her father for many years, and it has been my pleasure to watch Ali grow both as a lawyer and a person. Back when Ali was pursuing her legal degree, she got involved with the family justice clinic in her third year at law school and fell in love with the practice of family law.

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The Road to Change: How We Shape the Approach to Divorce

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Stacy D. Phillips ●

The decision to divorce, and the legal process that follows, can be a deeply personal and often overwhelming experience for anyone. Divorce can stem from an intense period of conflict or simply from gradually drifting apart. All the same, this kind of life change can bring out emotions and stress, which are natural responses to the fear and uncertainty of major transitions. 

Throughout the divorce process, a range of emotions, personalities, and possible pathways can emerge. Each path reflects a different way of responding to the challenges that arise. Over the course of my career in family law, I have encountered countless perspectives, concerns, and uncertainties from the clients I serve. The key is recognizing, and, more importantly, choosing the path that supports the healthiest and most constructive way forward.

The Apprehensive vs. Aggressive Path

A client is typically best served by a lawyer whose personality type and style align with their needs; that does not mean matches for similarity, rather a type that is compatible and one who can adapt to a complementary approach. Sometimes clients need their lawyers to help them navigate reactions or impulses that could work against their best interests. Others may feel overwhelmed or fearful and require steady guidance and reassurance that a good family lawyer can provide.

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STI Transmission & Divorce: A Form of Domestic Violence

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Alan R. Feigenbaum ●

New York Law Journal, January 22, 2026 —

This author has written before, and will write again, that domestic violence takes many forms that go beyond the proverbial black eye.

Infidelity and sexually transmitted infections (“STI”) are two topics that are not foreign to the annals of marital discord. These topics confront divorce lawyers on a recurring basis. How these issues can interact with the Equitable Distribution Law is addressed in the recent decision of Justice Edmund M. Dane in N.S. v. T.S., 2025 NY Slip Op 51897(U) (Sup. Ct., Nassau Cty.).

Justice Dane’s decision in N.S. holds that the transmission of an STI by one spouse to another spouse constitutes a form of domestic violence.

In N.S., the parties were married in 2019, and have one child together, also born in 2019. The husband is currently serving a term of incarceration at Mohawk Correctional Facility in Rome, New York.

There are many facets of the N.S. case, however this article will focus exclusively on the issue of the husband’s transmission of an STI to the wife, and how that can impact equitable distribution.

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In the News

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Below is a roundup of Blank Rome Matrimonial and Family Law Partners’ recent awards, recognitions, media, and other accomplishments from around the country.


Second Season of “Stacy Phillips & Friends” Launched
November 18, 2025 – Blank Rome partner Stacy D. Phillips has launched the second season of her lifestyle podcast “Stacy Phillips & Friends.” This podcast engages in insightful conversations with remarkable businesswomen, philanthropists, entrepreneurs, and industry leaders, inspiring and empowering women to transform their lives and careers

Letters to Let Go: The Healing Power of Expressive Writing
November 13, 2025 – Blank Rome partner Lois J. Liberman’s Look Ahead series is designed to bring our community together to help tackle today’s most complex relationship and divorce issues.

This Celebrity Attorney’s Client List Is Getting Younger—but There Is One Thing She Says Gen Z Is Doing Right in Relationships
October 30, 2025 – Blank Rome partner Jackie Combs was featured in this CNBC article discussing the importance of communication within relationships.

‘Real Housewives’ Divorce Bombshell — Bravo Star Could Be ‘Individually Charged and Prosecuted in Criminal Court’ If She Walks Away from Marriage
October 29, 2025 – Blank Rome partner Ernestine J. Mings was featured in this Radar Online article discussing potential criminal charges surrounding Real Housewives star Wendy Osefo’s divorce. 

Cardi B’s Divorce: Money Moves and Legal Lessons
October 28, 2025 – Blank Rome partner Morgan F. Mouchette authored this Forbes article discussing complications surrounding rap music star Cardi B’s divorce

Continue reading →

Divorce Law and Civil Procedure: The Dynamic Duo

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Alan R. Feigenbaum ●

New York Law Journal, December 11, 2025 —

For the lawyers out there, when you graduated law school, did you know what the terms “with prejudice” or “without prejudice” meant? I did not.

I do recall reading cases on “res judicata” and “collateral estoppel” in Civil Procedure class; however, both concepts were taught in such an amorphous manner it was hard to understand what they meant, in practice.

The Honorable Aaron D. Maslow’s recent decision in M.H. v. S.A., 2025 NY Slip Op 51713(U) (Sup. Ct., Kings Cty. 2025) explains all of these concepts in a manner that provides clarity. The decision also addresses New York City’s Gender-Motivated Violence Act (GMVA), which to my mind is relevant to the practice of divorce law.

In M.H., the parties started a romantic relationship in 2008. They began living together in 2010 and registered as domestic partners. They share one child born in 2013.

The plaintiff-mother alleged that the defendant-father engaged in “escalating controlling and abusive behavior” including “yelling, blocking her movements, and physically restraining her.” In one instance, the mother alleged that the father “screamed at her until she lost consciousness” and that he “monitored her communications” and “accused her of ‘whoring around’ when she was with her male friends.”

After their child was born, the parties relocated from New York to Massachusetts where they both worked for MIT. There, the mother alleged that the father “controlled their joint finances, threatened her about losing her job, and later defunded her position.”

The decision recounts several other alleged incidents of abuse, in multiple states, including one incident where the father allegedly “dragged their child by the hood of a jacket” in March 2016, followed by pushing the mother onto a bed and choking her in December 2016, and then another incident in June 2018 when the father allegedly confronted the mother “about a custody agreement and physically restrained her when she refused to sign it.”

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Attorney Spotlight: Bret Hunter—Los Angeles

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Stacy D. Phillips ●

In this edition of Attorney Spotlight, I am pleased to feature one of our esteemed Los Angeles colleagues in Blank Rome’s Matrimonial & Family Law group—Bret Hunter.

With over two decades of legal experience, Bret is a trusted and integral member of our Matrimonial & Family Law team. A graduate of the University of Michigan and the Dedman School of Law at Southern Methodist University, Bret has successfully represented clients in numerous high-stakes cases involving substantial marital assets. His expertise, commitment, and in-depth knowledge of family law make him exceptionally qualified to navigate even the most challenging legal matters.

Prior to practicing law, Bret was active in the Washington, D.C., political arena. He caught the political bug early, working at a young age in various internships on Capitol Hill. After attending law school, Bret continued to work in the D.C. area in politics before deciding to begin a full-time career as a lawyer. Family law offered him the opportunity to work closely with people, much like he did during his time on the Hill. Bret eventually moved to California, where he continues to practice law to this day.

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Turning the Page: Reinvent Your Life with Meaningful Activities

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Stacy D. Phillips ●

Marriages can certainly come to an end. It does not have to be the end of our journeys. Change can often be unwelcome, uncomfortable, or even frightening. Nevertheless, there is opportunity for positive change. If, after a divorce, we find ourselves alone, with less of what we once knew, indeed even with more time on our hands, it is more than possible to take this opportunity to indulge in life in ways that do not involve spouses or relationships, and that life is now granting us time to indulge in any multitude of interests or hobbies.

The mind can be one’s greatest enemy. Nothing can break us faster than that which stresses the mind out, sometimes even to the point of obsession. Obsessing is bad, and we all need balance. Now is the perfect time to let go of what you can’t control and protect your peace. Of course, that is easier said than done. Naturally, we are not ever islands in life; we may still have children to raise or jobs to do. Yet, even with responsibilities, exploring new hobbies after a divorce can be a powerful way to shift focus and rediscover joy. 

Indulging in the Mind

As a lawyer, I have written extensively, primarily in the context of my family law practice. But our ability to write can be so much more than a professional skill; it can become a creative outlet. Do you like stories? Is it a stretch to imply you may have a story of your own to write? This could be a fictional tale or a memoir; the genres are near limitless. Whichever the case, spending time writing your ideas and stories can be deeply fulfilling, and who knows? Your story could even be shared with the rest of the world.

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Direct and Cross Examination in Divorce Proceedings

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Alan R. Feigenbaum ●

New York Law Journal, November 25, 2025 —

As a divorce lawyer, sometimes the effort to find a continuing legal education (CLE) program that will expand your intellectual horizon in a way that can be beneficial to your actual divorce practice can feel daunting. There is no shortage of programs available. However, to create a program that is educational and practical is no small task.

Which is why it is so refreshing when a decision of interest is released in the matrimonial arena that, to a large degree, has all the bells, whistles, and other intangible “it” factors that make for a memorable CLE program.

That brings us to the Honorable Jeffrey S. Sunshine’s recent decision in T.I. v. R.I., 2025 NY Slip OP 51575 (U), which is to my mind a primer on the meaning of the following objection often heard at matrimonial and other trials when a witness is being cross-examined, namely, “Objection. Beyond the scope of direct examination.”

Let me start by saying that the subject matter of the case itself is serious in nature. While this article will focus on trial practice, it should be noted that T.I. is, sadly, a particularly arduous matter. The first divorce action—“extremely contentious litigation”—ended via discontinuance after a purported reconciliation. In the second (current) action for divorce, the plaintiff-wife filed an order to show cause seeking a civil order of protection against the defendant-husband.

In her motion, the wife detailed “numerous incidents of allegations of domestic violence and asserted that ‘[d]efendant also subjected me to sexual abuse, coercive control, financial abuse, and verbal abuse and harassment on an ongoing basis’.” The decision notes that “there is no specific allegation to rape in plaintiff’s affidavit in support of her application or to any allegations related to any December 2019 incident which is the subject of the pending criminal action against defendant-father.”

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The Perils of Drafting Divorce Agreements: Part Deux

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Alan R. Feigenbaum ●

New York Law Journal, October 23, 2025 —

There are certain provisions that divorce lawyers regularly utilize when drafting separation agreements. Some of those provisions concern topics such as the distribution of marital assets, spousal maintenance, child support, and/or counsel fees. Drafting such provisions can become routine, but glossing over them is not advisable.

One such provision is regularly found in the “Article” of a separation agreement titled “Emancipation Events,” (i.e., an event upon which the noncustodial parent’s obligation to pay child support may terminate). The emancipation event that I will focus on in this article is often defined as a child having a permanent residence away from the custodial parent (the child support payee).

If, at the time a separation agreement is signed, Mom is the custodial parent and Dad is the noncustodial parent, you will likely see this enumerated emancipation event: permanent residence away from the residence of the Mother.

That all seems quite straightforward—at least I thought it was until I read E.B. v. A.F., 2025 NY Slip Op 51286(U) (Family Court, Nassau Cty. 2025). In E.B., the parties married in 2010, and entered into a separation agreement and divorced in 2019. The two children of the marriage are ages 14 and 11 according to the decision.

The parties’ separation agreement designated the Mother as the residential custodial parent and the Father was required to pay basic child support. Section XI of the separation agreement, titled “Emancipation of the Children” defined “Emancipation” to include “permanent residence away from the residence of the Wife.”

However, in 2024, the Father was granted temporary custody of the children; the Father also petitioned to suspend his child support payments due to the change in residential custody. The Father prevailed: he was granted residential custody and his basic child support obligations were terminated.

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