TENORE v. TENORE (Appellate Division – Second Department)

Defendant-husband appeals the decision of the Supreme Court which granted the plaintiff-wife to a qualified domestic relations order assigning $14,673 of defendant’s retirement account to her.

Appellate Court affirms the decision of the Supreme Court, holding that where a party fails to trace the monies claimed as separate property, a court may treat it as marital property. Here, the defendant failed to meet his burden of demonstrating that certain of the retirement funds used to calculate the QDRO were premarital.