Atkins v Atkins

Holding The Appellate Division affirmed the equitable distribution of marital property, including a 22.5% share of a business interest and related payments, finding no abuse of discretion despite the trial court’s failure to articulate specific statutory factors. The court also upheld the denial of a tax credit to the husband and the imposition of a below-statutory interest rate on the distributive award.

The court’s words

no "abuse of discretion or failure to consider the requisite statutory factors under Domestic Relations Law § 236 (B) (5) (d)"

2026 NY Slip Op 06185, at the official text

the power of this Court is as broad as that of the trial court, and this Court may render the judgment it finds warranted by the facts

2026 NY Slip Op 06185, at the official text

the wife's award of 22.5% of the value of the husband's interests in Wild Goose Club and SS & J was not an abuse of discretion

2026 NY Slip Op 06185, at the official text

we cannot say that the court exceeded the substantial discretion it possesses to direct the manner in which a distributive award may be paid

2026 NY Slip Op 06185, at the official text