New York Property Division Attorney

Protecting the Financial Interests of Our Clients

When approaching the possibility of divorce, there are several issues that must be addressed by you and your spouse. One of those issues is how your assets will be divided. In New York, property that you and your spouse accumulated during the time that you were married will likely be subject to a process called "equitable distribution."

As opposed to a community property situation, all property will not be split 50/50. There is a standard of judgment that will determine which spouse is entitled to what property. This can get difficult, especially if the property was used equally by both spouses. Many factors must be considered in order to determine who has a right to what property.

At Eiges & Orgel, PLLC, we have been helping people in situations similar to yours for 35 years. Our New York divorce attorneys are prepared to protect your rights so that you aren't robbed of any assets that are rightfully yours. Our goal is to work alongside your spouse's attorney for a fair resolution, but we will not back down in fighting for you.

Have questions about how your property will be divided? Contact Eiges & Orgel, PLLC at (347) 848-1850.

How Will My Assets Be Divided During a Divorce?

With very few exceptions, any assets or property that you or your spouse obtains during the course of your marriage will be subject to equitable distribution in the event that you decide to file for divorce. The court does not take into account whose name the asset is in. Examples of "marital" assets that can be divided after divorce include:

  • Home equity
  • Motor vehicles
  • Closely held businesses
  • Stock portfolios
  • 401ks
  • Other pension funds
  • Savings for retirement
  • Investments in real estate
  • Savings accounts
  • Professional licenses

How the Court Determines Equitable Distribution

Equitable distribution does not refer to a "50/50" property split. Rather, it refers to property division that the court considers "fair" according to the specific circumstances surrounding the case, such as the parties' present and future earning capacity, current income, age, and health. The duration of the marriage is also taken into consideration.

Many factors determine fair asset division. Question the court may ask include:

  • How much property / money did each spouse have when they got married?
  • How much property / money did each spouse have when they filed for divorce?
  • Was either spouse awarded alimony in the divorce?
  • What are the future financial requirements of each spouse?
  • What is the age of each spouse? What is their physical health like?

Consideration of these factors will make it easier to conclude who is entitled to what. In an uncontested divorce, you and your spouse are likely in agreement, but you want to be careful that you are not giving up something that is rightfully yours. "Assets" don't have to be physical; they can include things like home equity, 401ks and investments.

Exceptions to New York’s Equitable Distribution Laws

In New York, certain assets are excluded from division—one of the most common being inheritances. Whether you received the inheritance before or during marriage, the court probably won’t consider it marital property.

Other "separate assets" that may be excluded from division include:

  • Personal injury compensation
  • Separate property delineated in a prenuptial agreement
  • Gifts, except for gifts between each party
  • Property acquired before the couple married

Contact Our New York City Divorce Lawyers

If you are considering divorce, or have already begun divorce proceedings, it is recommended that you contact an NYC divorce attorney at Eiges & Orgel, PLLC for help in seeking a resolution to the division of your marital property. Our lawyers can negotiate on your behalf for division terms that protect your legal and financial interests.

At Eiges & Orgel, PLLC, our experienced legal team provides representation in all manner of divorce issues, including those involving asset division. We are dedicated to protecting the financial interests of our clients by fighting for the fair distribution of their assets, as well as ensuring that they are not saddled with debt that isn't actually theirs.

We will fight aggressively for a resolution to your asset division matter. Contact us for a risk-free evaluation!

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