Monday, July 13, 2009

Unequal Division of Property - New York Style

I cannot say that the same thing would happen in Indiana but it sure seems likely to me - with the emphasis on sporadic. The following is from Law.com's Former Attorney's 'Sporadic' Economic Support Results in Small Share of Marital Property:

"A disbarred attorney who provided 'limited, sporadic, unreliable and inconsistent' support to the 'economic partnership' of a 17-year marriage should receive only 35 percent of the couple's property, a New York judge has ruled.

'The Court finds that during the marriage ... the Wife provided a substantial share of the financial and day-to-day support in maintaining the household ... includ[ing] working full-time, being the primary caregiver for their son and ... providing for the consistent and reliable income flow the family enjoyed,' Acting Supreme Court Justice Mark D. Cohen of Suffolk County wrote in Glassberg v. Glassberg, 24307/05."

Marc Glassberg, an English teacher who went to law school at night, married Dorene Glassberg, a special education teacher, in 1988, a second marriage for both. The parties have one child, born in 1989. Ms. Glassberg filed for divorce in October 2005.

At a trial in February, Mr. Glassberg, who was admitted in 1985, testified that he "never netted more than $30,000 annually in earnings as an attorney," except in one instance, where he may have cleared $100,000 in 1991 due to a large referral fee.

He also testified that he ran his practice out of his basement and his car after being unable to afford a storefront office.

4 comments:

samrivers said...

The courts no doubt place a higher standard on lawyers than they do non-lawyers in all matters regarding ethics, but to place a higher standard on attorneys when it comes to marital income is a bit ridiculous, not to mention phenomenally unfair.

Sam Hasler said...

No, I do not think that the court was placing a higher standard on lawyers. That this is a lawyer made the story more newsworthy. My point - which seems to have failed - is that if this could happen to a lawyer, it will happen to you, if you do the same thing.

Anonymous said...

Lets just say that there are significant reasons behind why Mr. Glassberg was disbarred as an attorney and fired as a teacher. There is a serious character issue here, one which can never be completely be reflected in legal documentation. I agree, it just may have been more newsworthy.

TINA35 said...

Agreed, more newsworthy because he was an attorney. But I believe the outcome would have been the same. As outlined in the article - there is a seriously negative long term track record for Mr. Glassberg. See the full article where they site that he was fired for misconduct in a school and disbarred for issues with the preservation of clients funds.