Abrams Fensterman’s Matrimonial Team, led by Jill Spielberg, secured a significant appellate victory in the case of Torkin v. Susac, decided by the Appellate Division, Second Department, on March 26, 2025.
Spielberg tried this case back in 2020 before Judge Koba and argued the appeal last summer.
The decision addressed several complex and frequently litigated issues in high-net-worth matrimonial matters. Some of the key takeaways include:
- Defendant wife awarded 37% of the value of plaintiff husband’s law firm interest in Sullivan & Cromwell.
- Child Support based on combined parental income of $400,000.
- Court utilized for purposes of determining equitable distribution a “Stop-the-Clock” date of December 31, 2016 that had been agreed upon and established by the parties when they were previously in the collaborative divorce process, rather than December 13, 2017 which was the date of commencement of the action when the plaintiff started the action.
- Denied the plaintiff husband a separate property credit on his trust “since the plaintiff failed to sufficiently trace the source of the funds deposited into the trust and commingled marital assets with assets of the trust”. Accordingly, his trust was deemed marital property and divided equally between the parties.
This ruling reinforces important precedent in the treatment of professional business interests, support obligations, and the handling of trust-based separate property claims. It’s a valuable read for matrimonial attorneys, CPAs, and financial professionals working in the family law space.
