Appellate Division, First Department · October 8, 2026 · 2026 NY Slip Op 05849
C.S. v R.H.
Read the official decision: 2026 NY Slip Op 05849
Holding The Appellate Division held that assets held in valid, irrevocable trusts for third-party beneficiaries are not subject to equitable distribution, even if the grantor retains administrative powers or tax ownership. The court vacated the trial court’s inclusion of trust assets in the marital estate and remanded the case for recalculation of the distribution of non-trust assets.
The court’s words
assets transferred to valid, irrevocable trusts for third-party beneficiaries are not subject to equitable distribution absent evidence that the trust is a sham
2026 NY Slip Op 05849, at the official text
the trial court, therefore, should not have included the value of the trust assets in the marital estate subject to equitable distribution
2026 NY Slip Op 05849, at the official text
the award of counsel and expert fees to the wife was a provident exercise of the court's discretion
2026 NY Slip Op 05849, at the official text
the award of child support to the wife was proper
2026 NY Slip Op 05849, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 8, 2026 |
| Citation | 2026 NY Slip Op 05849 |
| Area of law | Family Law |
| Week | Week ending October 10, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05849 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 1058 |
Recommended citation
ESQ HQ, New York Law Watch, C.S. v R.H., 2026 NY Slip Op 05849 (Appellate Division, First Department, October 8, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05849/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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