Anglin v. Anglin

In Anglin v. Anglin, 80 NY2d 553, 607 NE2d 777, 592 NYS2d 630, the Court held that the commencement of a separation action does not cut off the accrual of marital property because such an action "does not, ipso facto, terminate the marital economic partnership" (id. at 554). Rather, "[t]he economic partnership should be considered dissolved when a matrimonial action is commenced which seeks `divorce, or the dissolution, annulment or declaration of the nullity of a marriage', i.e., an action in which equitable distribution is available" (id. at 557, quoting Domestic Relations Law 236 [B] [5] [a]). The Court observed that this rule "provides internal consistency and compatibility and objective verification, as opposed to uneven, ephemeral, personal interpretations as to when economic marital partnerships end" (id.).