Polizzotto & Polizzotto
Call Us Today 718-213-4861
Founded Over 40 Years Ago

Divorce & Double Dipping is Alive and Well

In a recent divorce decision from the NY 2nd Department in Palydowycz v. Palydowycz (NYLJ, April 14) , the Court has ruled that a husband's medical practice's income can serve as BOTH a basis for establishing maintenance to the wife as well as a basis for establishing a value for the practice itself.

In Palydowycz, the Second Department unequivocally and unanimously held that the excess earnings of the husband's medical practice could be capitalized to calculate a value for his practice for equitable distribution purposes, and that same income stream could also be properly considered in computing the payor spouse's maintenance obligation. The panel went on to state that its contradictory 2010 holding on the exact same issue in Rodriguez v. Rodriguez (70 AD3d 799) is no longer to be followed.

The Court decision is one which cause future business owner's maintenance payments to increase and will be a cause of joy for future maintenance recipients further highlighting the need for prenuptial/postnuptial agreements to protect the rights of the parties involved and reach fair and equitable settlements in the event of a divorce.

No Comments

Leave a comment
Comment Information
Contact us today

Contact Our Law Offices

Give our attorneys the opportunity to demonstrate the personal, professional attention that we offer each client. Call 718-213-4861 or contact us online today.

Contact the Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Connect With Us

Polizzotto & Polizzotto
6911 18th Avenue
Brooklyn, NY 11204

Toll Free: 1-888-335-0766
Phone: 1-718-213-4861
Fax: 1-718-256-0966
Brooklyn Law Office Map

Map