Case: Kenneth R. Parker V. Concelia Parker Supreme Court, Nassau County, New York.
Fact: The parties to the case were married on 20 June of the year 1987 at the ages of 61 years and 81 years respectively. At the present date of the hearing, the husband is 77 years and the wife 74 years. The case is a divorce case following the wife winning a lottery ticket. Before the marriage, the parties made a written agreement in 1987 restricting the other's participation in the other's estate election. The husband had an income of approximately $ 2300.00 a month and the wife 400.00 a month. They maintained a joint checking account. They vacated to Las Vegas and Atlantic City often and they both particular in gambling. ON 12 February, the wife purchased a winning lottery ticket worth $25,000,000.00. The husband had therefore commenced on the action of divorce or separation, and seeks for equitable distribution of the marital property.
Issue: Is it legal acceptable to equitably distribute any kind of property acquired during marriage?
Law: DRL 336, states that, property acquired during marriage using marital funds is generally considered a property of the marriage and is subject to equitable distribution.