ESQ HQNEW YORK LAW WATCH

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
CourtAppellate Division, First Department
DecidedOctober 8, 2026
Citation2026 NY Slip Op 05849
Area of lawFamily Law
WeekWeek ending October 10, 2026
Official textOfficial decision: 2026 NY Slip Op 05849
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1058

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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Published October 8, 2026. Updated October 8, 2026.