FLiP - Family Law in Partnership
Sep 11, 2026 · 32 min · 10 segments
In this episode, David Allison is joined by Mudita Chawla of Chemtob Moss Forman & Beyda to compare divorce and financial claims in England and Wales with the system in the state of New York. The…
Mudita ChawlaGuest
David AllisonHost
And our law is that conduct, which is a factor that the court should take into account in financial claims, is generally only going to be relevant if it has a financial impact.

So if someone has hidden money, you know, spent a lot of money that they shouldn't have done or whatever, then that might be relevant.

And those cases where it has been taken into account have been very extreme cases.

That said, there is one of our high court judges at the moment, Nicholas Cusworth, who is He's pronounced a couple of decisions that have included reference to coercive control, and he's taken that into account in his judgment, which I think is fascinating.

There seems to be a bit of an argument between two of the high court judges about how relevant or not conduct is.

I also know in Australia they've brought in legislation, haven't they, so that they must take into account domestic abuse.

So I think as we all become increasingly aware of the impacts of abuse and coercive control, the courts are going to have to wrestle with, you know, whether this is going to be taken into account and make an impact on outcome.

And I think also as public opinion and public awareness grows, increases and changes, I think that also then, at least here, impacts the legislature.

And one of the other factors that the courts look at in New York in determining not only maintenance, but also what we call equitable distribution, which is the division of the assets acquired during the marriage, is whether one party stayed at home or whether one party has to go back to work.

And so obviously, if the financial control was so extreme that it prevented another party from going to work or prevented a party from getting the education they need to eventually be able to support themselves, I think absolutely that is a factor that the courts should take into consideration.

And our law is that conduct, which is a factor that the court should take into account in financial claims, is generally only going to be relevant if it has a financial impact.

So if someone has hidden money, you know, spent a lot of money that they shouldn't have done or whatever, then that might be relevant.

And those cases where it has been taken into account have been very extreme cases.

That said, there is one of our high court judges at the moment, Nicholas Cusworth, who is He's pronounced a couple of decisions that have included reference to coercive control, and he's taken that into account in his judgment, which I think is fascinating.

There seems to be a bit of an argument between two of the high court judges about how relevant or not conduct is.

I also know in Australia they've brought in legislation, haven't they, so that they must take into account domestic abuse.

So I think as we all become increasingly aware of the impacts of abuse and coercive control, the courts are going to have to wrestle with, you know, whether this is going to be taken into account and make an impact on outcome.

And I think also as public opinion and public awareness grows, increases and changes, I think that also then, at least here, impacts the legislature.

And one of the other factors that the courts look at in New York in determining not only maintenance, but also what we call equitable distribution, which is the division of the assets acquired during the marriage, is whether one party stayed at home or whether one party has to go back to work.

And so obviously, if the financial control was so extreme that it prevented another party from going to work or prevented a party from getting the education they need to eventually be able to support themselves, I think absolutely that is a factor that the courts should take into consideration.
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