Nicodemus v. Nicodemus (Appellate Division, Second Department)

In awarding the plaintiff-husband only 30% of the marital property consisting of a property in Wappingers Falls, New York and F.E.N. Enterprises of NY, Inc., the Supreme Court improvidently exercised its discretion. The Appellate Court determined that while equitable distribution does not necessarily mean equal distribution, the long duration of the marriage and the contributions of each spouse to the marriage and the parties’ automobile restoration business combined with the future financial circumstances of each party, an equal distribution of the property was more equitable.