Howe v. Howe

Outcome: Appellate Division ruled for Kevin Howe

Description: Kevin Howe appealed from a trial decision giving his wife 50% of his firefighter's disability pension. His wife cross-appealed from trial decision that the firefighter 9/11 Fund compensation was Kevin Howe's separate property. The Appellate Court made new law in agreeing with Kevin Howe's argument that the disability portion of firefighter's pension was separate property notwithstanding fact that trial counsel (not Strauss) did not present actuarial evidence about such pension. Appellate Court also ruled that all of the 9/11 Compensation fund award was separate property of the firefighter and need not be divided on divorce.