Category Archives: Equitable Distribution

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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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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Love Hurts When You Ignore Your Prenup

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New York Law Journal, June 21, 2023 ●

Alan R. Feigenbaum ●

Summer is, or should be, a time for all things beautiful. Part of that beauty is encapsulated in the joy of summer, non-professional reading. But if there was ever a case to be made that professional reading should be added to your summer reading list, look no further than Judge Jeffrey A. Goodstein’s page turning decision in LSS v. MS, Sup. Ct. Nassau Cty. (NYLJ May 19, 2023).

The decision, which is factually intricate, and replete with poignant legal analysis, reads like a short story—a marriage story, in fact, although without the suffocating cliches that permeate Noah Baumbach’s “Marriage Story.”

Indeed, this marriage story involved a 47-month marriage with two parties who entered the marriage with “significant assets,” and, among other things, a dispute over $1,230 worth of electronics purchased from Best Buy. But that is not the subject of this article, although that aspect of the litigation is, believe it or not, addressed in the decision.

The decision reminds divorce lawyers that we cannot control what happens after a prenuptial agreement is signed. Life happens after a prenuptial agreement is signed, and LSS v. MS shows what can happen as a consequence of disregarding the mandate of a prenuptial agreement.

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Mediation for Family Law Disputes—Is It a Cure-All, a Band-Aid Precursor to Litigation, or Something in Between?

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Alan R. Feigenbaum

If during the ongoing COVID-19 pandemic you, and/or your spouse, have made the decision to part ways, then there’s a good chance you have considered or read about mediation as a potential way forward. Mediation, including online mediation, is seemingly all the buzz right now. It has become an integral part of the judicial systems in California, Florida, New Jersey, Pennsylvania, and New York.

Think before you act. All else being equal—if you were asked whether you prefer to “mediate” or “litigate,” you probably would choose the former. What you should consider, carefully, is whether or not your family dynamic and your relationship with your soon-to-be ex-spouse is suitable for mediation.

What are the factors to consider when you make your decision? What due diligence should you undertake before saying “yes” or “no” to mediation? Cost is an obvious factor, but let’s dig deeper. Start by asking a simple question: how did your spouse treat you during the marriage—emotionally, financially, as a parent, as a partner? If the answer to all of these categories is resoundingly awful, then think twice about mediation. It may be emotionally taxing to dredge up what has played out during your marriage when you make this calculus, but the alternative is to dive right into the process, cold. Continue reading →