Recent Posts in Equitable Distribution Category

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  • What Happens to My 401(k), IRA, or Pension in a Divorce?

    Posted By Eiges & Orgel, PLLC || 31-Jan-2017

    When contemplating divorce, some of the first questions we ask ourselves relate to how assets will be divided and the impact such divisions may have. Depending on the state where the divorce case is pending, the answer may vary, especially when considering your own individual circumstances. There are some general rules, however, that may offer some clarity on what to expect from your divorce. In ...
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  • What to Do If You Suspect Your Spouse Is Hiding Assets

    Posted By Eiges & Orgel, PLLC || 30-Jan-2017

    There’s no question about it, divorce can be messy. Spouses are given the difficult task of separating their lives and assets during an emotionally volatile time. It may come as no surprise that heated conflicts often arise. Unfortunately, these disputes sometimes cross the legal line, such as when a spouse attempts to hide marital assets during the division of property. This can be ...
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  • How Are Business Assets Divided in a New York Divorce?

    Posted By Eiges & Orgel, PLLC || 23-Jan-2017

    Divorce is known for being complicated, especially when it comes to dividing business assets. There is no universal rule for how this is dealt with, however. In New York, business assets accumulated during a marriage are subject to equitable distribution. What is Equitable Distribution? Equitable distribution is a legal doctrine used by divorce courts to determine how the assets and liabilities of ...
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  • Prenups for Intellectual Property?

    Posted By Eiges & Orgel, PLLC || 23-Dec-2016

    The number of 18- to 35-year-olds seeking prenuptial agreements is on the rise across the nation, but many millennials are more interested in protecting intellectual property than cash as they head to the altar. Millennials are increasingly focusing on the value of their talents rather than the value of personal property, real estate, and current salaries, which makes sense in an age in which ...
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  • Reformation of an Agreement of Equitable Distribution is Not Easy

    Posted By Eiges & Orgel, PLLC || 12-Dec-2016

    New York is an equitable distribution state, which means that marital property is fairly (not necessarily equally ) divided at divorce. Equitable division considers what each spouse contributed to the marriage in order to determine exactly what each spouse is entitled to and what they will need to move forward after the divorce. Striving for a fair outcome, the judge will consider the following: ...
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  • What Happens if Your Ex-Spouse Refuses to Comply with a Court Order?

    Posted By Eiges & Orgel, PLLC || 24-Oct-2016

    If you have recently been through a divorce, you may be aware that just because you have a divorce decree does not mean that you don’t ever have to think about your divorce ever again. Even with legal documents, a spouse may refuse to comply with court orders involving matters such as property division, child support, visitation, child custody, or spousal maintenance. This, obviously, can ...
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  • When Could Separate Property Be Divided in a Divorce?

    Posted By Eiges & Orgel, PLLC || 29-Aug-2016

    Equitable Distribution in New York: Marital Property vs. Separate Property New York is an equitable distribution state, which means that all marital property will be divided in a manner that is fair and equitable when a marriage ends in divorce. What this does NOT mean is that there will be an even, 50/50 split. Generally, property acquired during the marriage by either spouse will be subject to ...
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  • What Happens to a Mortgage During Divorce?

    Posted By Eiges & Orgel, PLLC || 5-Aug-2014

    Divorce is a long-term decision with financial ramifications. If you're facing a divorce or dissolving a civil partnership, you probably have a lot of questions about money, your rights, and the law. If you own a house, one of the most important parts of the divorce process will involve your mortgage and the question, "What happens to a mortgage during divorce?" Most families have ...
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  • Prenuptial Agreements are Also Called Premarital Agreements

    Posted By Eiges & Orgel, PLLC || 8-May-2012

    A prenuptial agreement is also known as a premarital agreement. It is a contract entered into between two people prior to their marriage for the purpose of determining the financial concerns of two people in the event that their marriage does not work out and comes to an end. While the content of a prenuptial agreement often varies significantly, most prenuptial agreements provide for the division ...
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  • Beware of Changing the Title to Your Home

    Posted By Eiges & Orgel, PLLC || 26-Mar-2012

    Plaintiff purchased home in January 1998 for $83,000; $62,250 mortgage and remainder with gift from family members. Parties married August 18, 2001. December 20, 2002, plaintiff conveyed home to defendant and herself, refinanced home with new mortgage of $110,000 to cover existing mortgage, $30,000 of defendant's separate indebtedness and $20,000 of plaintiff's separate indebtedness. ...
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