In New York State, the Supreme Court equitably distribute all marital property in a divorce action.  Most people assume, especially in the case of a long-term marriage, that equitable distribution means an equal split of assets, but that  is not always what happens. 

In Glassberg v. Glassberg, the Suffolk County Supreme Court determined that a husband to a seventeen-year marriage was entitled to receive only 35% of the marital assets due to his “limited, sporadic, unreliable and inconsistent” support of the marriage.  Specifically, the husband was admitted to the New York State Bar prior to the marriage, but testified that he did not earn more than $30,000 in income annually as an attorney.  He testified that he conducted his practice out of his basement and car because he could not afford an office.  He was disbarred in 2000.  Thereafter, he worked several jobs, including at a chocolate store and card store.  He was able to obtain a position in a Bronx high school but was fired nearly two years later for misconduct.  After his wife commenced the divorce action, the husband relocated to Los Angeles and earned an income as a teacher of approximately $64,000 in 2008.  In contrast, the wife earned over $118,000 in 2007 as a teacher.

The husband testified that he had been involved with the family despite his misfortune.  The wife argued that despite working on a full-time basis, she performed all household duties with no assistance from her husband for such chores as cooking, cleaning, yard work, laundry and helping their son with homework.  She did testify that, during the marriage, her husband took out the trash and coached their son’s soccer team for two years.

The Court concluded that the husband’s failure to become involved in the day-to-day household chores and contribute toward the economic partnership of the marriage warranted a lesser award of the marital assets.