ZUFALL v. ZUFALL (Appellate Division – Fourth Department)

Defendant-husband appeals a decision of the Supreme Court claiming that it erred in awarding the plaintiff-wife half of the funds in his deferred compensation account by improperly presuming that all of the funds in the account accumulated during the marriage. He further contends that the matter should be remitted to the Supreme Court for a determination of the marital and separate property portions of the account.

Appellate Court affirms the decision of the Supreme Court and holds that all property, unless clearly separate, is presumed to be marital property, with the burden resting on the titled spouse to rebut this presumption. As the defendant did not offer any evidence establishing the amounts contributed to the deferred compensation account before or during the marriage, he failed to meet his burden.