New York Court of Appeals

Francine L. Burns, Appellant-Respondent v. Edward J. Burns, Respondent-Appellant

November 1, 199484 N.Y.2d 369

Summary

The New York Court of Appeals held that the trial court erred by limiting the valuation of the husband's partnership interest to his capital account and by restricting disclosure, and it affirmed that nonvested pension benefits are marital property subject to equitable distribution. The Court also ruled that child support and maintenance awards should be retroactive to the date of the filing of the action. Accordingly, the appellate division order was modified and the case remitted for further proceedings.