I looked up the word discretion in the dictionary and one of the definitions is — the freedom and authority to make decisions and choices. We had a panel of five matrimonial judges at the annual New York State Council on Divorce Mediation Conference and what I learned from that panel is that judges have the freedom and the authority to apply the law as they see fit. It is up to the judge to determine which of the 14 factors in equitable distribution or 15 factors in maintenance will apply, so they can do whatever the heck they want.
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