Martin & Colin, P.C. announces that it has won an appeals court victory in favor of a divorced ex-husband. After a divorce re-trial, the trial court had ordered that the ex-wife could keep her entire civil service pension for herself, although almost all of the pension benefits accumulated during the twenty year marriage. The ex-husband appealed. In its decision, the Appellate Division reversed each and every aspect of the trial court’s order and directed that the ex-wife’s entire pension be divided evenly between both parties. The Appellate Division recognized that, although the ex-husband had spent three years in federal prison during the marriage, the husband had made arrangements for his family before he went away and supported them again upon his release. Therefore, the trial court should have included the ex-wife’s pension benefits which accrued prior to the filing of the divorce in the equitable distribution of marital property. The lawyers at Martin & Colin, P.C. successfully represented this very deserving father at the re-trial and on the appeal. Our winning brief is located (in document format) here and (in html format) here. The decision is published at: http://www.nycourts.gov/reporter/3dseries/2011/2011_06242.htm



