DeLyria v. DeLyria, 74 N.Y.2d 83 (1989)
When a marriage is declared void ab initio, the marital property of the parties is still subject to equitable distribution under Domestic Relations Law § 236 (B)(5)(a).
Summary
This case addresses whether equitable distribution of marital property is appropriate when a marriage is declared void from the beginning (ab initio) due to a party’s prior undissolved marriage. The New York Court of Appeals held that even in cases where a marriage is declared a nullity, the parties’ marital property is still subject to equitable distribution under Domestic Relations Law § 236(B)(5)(a). The court reasoned that the statute explicitly includes actions for the declaration of the nullity of a marriage as one of the circumstances where equitable distribution is mandated, thus affirming the lower court’s decision.
Facts
The parties, Plaintiff and Defendant, were married on October 14, 1977, and lived together as husband and wife for seven years. In 1984, Plaintiff initiated a divorce action. Defendant counterclaimed, seeking a declaration that the marriage was void ab initio. The basis for the counterclaim was that at the time of their marriage in 1977, the Plaintiff was still legally married to her former husband because her Dominican Republic divorce decree was defective.
Procedural History
The Supreme Court declared the parties’ marriage void, finding the Plaintiff’s Dominican Republic divorce decree ineffective to terminate her prior marriage. Despite declaring the marriage void, the Supreme Court ordered equitable distribution of the parties’ marital property pursuant to Domestic Relations Law § 236 (B) (5). The Appellate Division affirmed the Supreme Court’s decision.
Issue(s)
Whether, under Domestic Relations Law § 236 (B)(5)(a), marital property is subject to equitable distribution when a marriage has been declared void ab initio.
Holding
Yes, because Domestic Relations Law § 236 (B) (5) (a) explicitly provides for equitable distribution in an action where the relief granted is the declaration of the nullity of a marriage.
Court’s Reasoning
The Court of Appeals based its decision on the plain language of Domestic Relations Law § 236 (B) (5) (a), which states that a court