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In Wegman v. Wegman, the Appellate Division, Second Department, discussed at length one of “‘the most perplexing and difficult problems created by the equitable distribution law’—the issue of the date to be used for the valuation of marital property.”1 That decision encouraged courts to use flexibility in setting valuation dates, warning that: “in many situations a rigid rule regarding the valuation date would be undesirable.” In the years since Wegman, however, the judicial analysis has grown consistently less flexible, to the point where courts formulaically categorize an asset as either “active” or “passive” and assign valuation dates based on that categorization.

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