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.

LINK TO DECISION