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Complications Due to Long-Term Separation

In the Appellate Division case of Milcarsky v. Milcarsky, the Appellate Division affirmed the trial court’s decisions concerning thorny issues resulting from prolonged separation.

In this case, the parties had been married for nine years when they separated, but neither filed for divorce until 2015, 11 years later.  The court treated this marriage as one of 20 years’ duration.  The trial court awarded open-durational alimony, and this was affirmed.  The court also included all assets acquired post-separation, but prior to the date of the Complaint for Divorce, as marital, but declined to divide them equally, holding such a distribution would be patently unfair.  However, the court held that the assets acquired during the marriage and prior to the separation should be equally divided, which yielded a 21.5% distribution of assets.  Specifically, the defendant’s 401(k) was divided so that the plaintiff would receive 21.5%, not 50%.

Many factors can complicate a divorce.  Certainly, a prolonged period of separation is a significant one.  Should you have any questions or concerns regarding the impact of separation, please do not hesitate to contact me at