Husband Wins On Appeal – Awarded One-Half Wife’s Pension Even Though Husband Spent Three Years of Marriage in Federal Prison!!!

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:

Here is the preliminary statement taken from our winning appellate brief:

In June 2005, at the end of a twenty-one year marriage, the Supreme Court, Westchester County (Tolbert, J.): equitably and evenly divided the assets and debts of the parties, and ordered the plaintiff/ husband to pay reasonable child support.  Subsequently, the Appeals Court ordered a re-trial of the issues of equitable distribution and child support.  Following re-trial, the Supreme Court awarded almost the entire marital estate to the defendant/ ex-wife and ordered the plaintiff/ ex-husband to pay a draconian, punitive child support.  This Brief is respectfully submitted on behalf of the plaintiff/ ex-husband Donato Calderon to: 1) reverse the decision and order of the Supreme Court, Westchester County (Tolbert, J.) dated September 17, 2008; and 2) remit the matter to the Supreme Court, Westchester County for an equitable distribution of the parties’ assets and debts, and for an order of reasonable child support.

The lawyers at Martin + Colin, P.C. successfully represented this hard-working ex-husband on the appeal. The decision is published at:

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The experienced matrimonial lawyers at Martin + Colin, P.C., headquartered in White Plains, handle divorce, separation, child support, child custody and equitable distribution of assets.  If you need a divorce attorney, Martin + Colin, P.C. may be able to help. Please call (914) 771 7711 or email using the ‘Contact Us’ form on this webpage.


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