All's fair in love & war; except when that unfairness leaves domestic violence victims to pay the price

• Published date: 01 October 2024
• Author: Stephanie R. Delandro
• Date: 01 October 2024
• DOI: http://doi.org/10.1111/fcre.12821

STUDENT NOTE

All's fair in love & war; except when that

unfairness leaves domestic violence victims to

pay the price

Stephanie R. Delandro

Maurice A. Deane School of Law, Hofstra University, Hempstead, New York, USA

Correspondence

Stephanie R. Delandro, Maurice A. Deane

School of Law, 121 Hofstra University,

Hempstead, NY, USA.

Email: sdelandro1@pride.hofstra.edu

Abstract

Divorces are an emotional battlefield requiring both parties

to go to war over their fair share. With the addition of New

York's ‘no-fault’divorce, the process was supposed to alle-

viate spousal disputes and help those who did not want to

relive the trauma that got them there. Nevertheless, one

group left behind through that reform is domestic violence

victims. This Note explores the ramifications of courts not

being required to consider a finding of domestic abuse dur-

ing equitable distribution and proposes to amend the cur-

rent pathways to clear the way for financial relief for victims

looking to divorce their abusers.

KEYWORDS

cruel and inhuman treatment, division of assets, divorce, domestic

relations law, domestic violence, egregious fault, equitable

distribution, no-fault

Key points for the family court community

•1 in 3 women have been physically abused by an inti-

mate partner.

•1 in 5 instances of physical abuse of a woman in an inti-

mate relationship is classified as severe.

•Nearly a quarter of divorces—24% in total—cite domestic

abuse as a cause of divorce.

DOI: 10.1111/fcre.12821

© 2024 Association of Family and Conciliation Courts.

1000 Family Court Rev. 2024;62:1000–1014.

wileyonlinelibrary.com/journal/fcre