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Sample New York Supreme Court Matrimonial Statement of Proposed Disposition  (Usually filed with the Note of Issue Package -FOR EDUCATIONAL PURPOSE ONLY …NOT TO BE USED IN LITIGATION)

SUPREME COURT

COUNTY OF SUFFOLK

____________________________________x

Plaintiff,

 

-against-                                                                               STATEMENT OF

PROPOSED DISPOSITION

,                                                           Index No.

Defendant.

___________________________________x

STATEMENT OF:

 

(a)        Assets claimed to be marital property:

 

(b)        Assets claimed to be separate property:

 

(c)        Allocation of debts or liabilities to specific assets:

 

Debt or Liability                                   Asset

 

 

 

 

(d)        Amount requested for maintenance:

 

Statutory factors forming basis for maintenance request

[DRL Section 236(B)(6)(a)]:

 

(1)  Income and property of the respective parties:[see e(1)]

 

(2)  Duration of marriage:       years          months

Health of the parties:      Plaintiff –

Defendant –

 

(3)  Person having need:

 

(4)  Time and training necessary for person having need to be self-supporting:

 

(5)  Number of children of the marriage:   2

Party(ies) with whom they reside:

 

(6)  Standard of living established during marriage (where practical and relevant):

(7)  Tax consequences to each party:

(8)  Contributions and services of party seeking maintenance to career or career               potential of other party:

(9)  Wasteful dissipation of family assets by either spouse:

 

 

 

(10)  Any other factor(s):

 

 

(e) Proposal for equitable distribution:

 

Statutory factors forming basis for proposed distribution [DRL Section 236 (B)(5)(d)]

 

(1)  Income of plaintiff

At time of marriage:

At time of commencement of action:

 

Income of defendant

At time of marriage:

At time of commencement of action:

 

 

Property of plaintiff

At time of marriage:

At time of commencement of action:

 

Property of defendant

At time of marriage:

At time of commencement of action:

 

 

 

(2)  Duration of marriage and health of parties [see d(2)].

Age of plaintiff:

Age of defendant:

 

 

(3)  Need of custodial parent to occupy or own marital residence to use or own household               effects:

 

 

(4)  Loss of inheritance and pension rights:

 

(5)  Maintenance award sought[see d].  See paragraph d

 

 

(6)  Equitable claim to, interest in, or direct or indirect contribution made to acquisition of                  marital property by party not having title:

 

(7)  Liquid or non-liquid character of marital property:

 

(8)  Probable future financial circumstances of each party:

 

 

(9)  Impossibility or difficulty of evaluating any component asset or interest in business, corporation or profession, and economic desirability of retaining such asset or interest intact and free from any claim or interference by other party:

 

 

 

(10)  Any other factor(s):

 

 

(f)  Proposal for a distributive award, including showing of need for a distributive award:

 

(g)  Proposed plan for child support:

 

 

 

 

Statutory factors upon which proposal is based

[DRL Section 236(B)(7)(a)]

 

 

 

(1)  Financial resources of custodial and non-custodial parent [see d(1)]

 

Financial resources of child(ren):

Custodial parent:

Non-custodial parent:

 

 

 

(2)  Physical and emotional health of child(ren):

Physical health: is

Emotional health:

Educational and vocational needs and aptitudes of child(ren):

 

 

 

(3)  Standard of living of child(ren) had marriage not dissolved:

 

 

 

 

(4)  Non-monetary contributions of parents to child(ren):

 

(h)  Proposed plan for custody and visitation, including reasons:

 

 

(i)  Annexed is a copy of any written agreement entered into by the parties relating to financial       arrangements or custody or visitation.

 

 

Date:                                                              ____________________________

 

ATTORNEY ADVERTISING: Information herein and is not intended to be, legal advice. This sample legal document is provided as part of a free public educational service by Zachary Irtaza Riyaz, Esq., attorney at law in the State of New York (Westhampton – Tel. 516-234-0348), for reference only. IT IS NOT INTENDED TO GIVE LEGAL ADVICE ABOUT A SPECIFIC LEGAL PROBLEM, NOR DOES IT CREATE AN ATTORNEY-CLIENT RELATIONSHIP. Due to the importance of the individual facts of every case, the generalizations I make may not necessarily be applicable to any particular case. Statutes and codes such as Domestic Relations Law (DRL)are frequently amended and may affect the validity of the above legal document and no representation is made that the above sample is going to be enforceable in the future.Changes in the law could at any time make parts of this web site content obsolete. Updated statutes and codes may be available at the New York State Legislature Website. No statute or sample legal document should be relied on without understanding controlling case law which may further interpret it. THIS INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT IF LEGAL ADVICE IS REQUIRED THE SERVICES OF A COMPETENT ATTORNEY WILL BE CONSULTED.

 

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