Diana Mohyi, Attorney at Law P.C.: How Does Domestic Violence Impact Equitable Distribution in a New York Divorce?

New York, NY (December 4, 2023)

Domestic Violence can impact the financial aspects of a divorce in New York. It is similar to getting damages for personal injury however the victim is not required to show just physical harm. New York recognizes that domestic violence can also include emotional abuse and Courts find it to be even more egregious if it is committed in front of children.

If a spouse cannot show physical injury, how can they obtain financial compensation for the domestic violence? The New York Domestic Relations Law requires a court to look at various factors to determine equitable distribution awards. The 2020 Amendment requires a court to consider domestic violence as a factor See Domestic Relations Law (DRL) § 236(B)(5)(d)(14) which states: “whether either party has committed an act or acts of domestic violence, as described in subdivision one of section four hundred fifty-nine-a of the social services law, against the other party and the nature, extent, duration and impact of such act or acts.”

If you are interested in obtaining a consultation for your Divorce or other family law matter, contact Diana Mohyi Attorney at Law.

Daniel Quintanilla