Even Cows Are Distributed In A Divorce

In a divorce, all marital assets can be considered when distributing them between the parties. In a case that arose in upstate New York, where livestock can be worth thousands and thousands of dollars, the parties owned a herd of cows. As with any personal property, the divorcing couple had to decide which person got which set of cows.

Since, not each cow was not necessarily worth the same, there was a lot of negotiation and discussion on which person would get which cow. If the couple could not come to a decision on the cows, then the Court could order the same thing that it does for any personal property that is difficult to determine its value, namely: (i) order all the cows to be sold and the parties to split the profits; (ii) appoint an expert (or experts) to value the cows and to also divide the cows; (iii) allow one party to pick the “first” cow, then allow the other party to pick the “second” cow, and keep picking cows until all the cows are accounted for.

Of course, each of those methods have their pros and cons. Selling all the cows, while it seems fair, divests the parties of their valuable marital asset which they probably prefer to have instead of cash.

If the court has to appoint an expert, the expert’s fees and expenses can add up very quickly and reduce the amount of money that the parties receive.

Allowing the divorcing couple to divide the cows would take an extraordinary amount of time and not necessarily end up with a fair division of the cows.

This case illustrates that anything that has value from cows to zebras and any other personal property can be and will be part of a divorce action.

If you have personal property that has significant value and you are thinking of getting divorced, David Badanes, Esq. and The Badanes Law Office, P.C. can answer your questions and help you.

If you need a divorce attorney on Long Island, please call David Badanes and the Badanes Law Office at 631-239-1702 or email at david@dbnylaw.com.  The Badanes Law Office represents clients in Suffolk County, Nassau County, and New York City. Our offices are located in Northport and in Uniondale.

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