New York Equitable Distribution Lawyer

Let Eiges & Orgel, PLLC Protect What’s Rightfully Yours

New York is an equitable distribution state. This means that, when filing for divorce, property division will be handled in a way deemed “most fair” to both sides. What it does NOT mean is that all of your property will be split 50/50 between you and your spouse. Many factors regarding the marriage and the contributions of each party will be taken into account by the court in making this determination. The courts have considerable latitude in deciding who gets which assets.

At Eiges & Orgel, PLLC, we have over 40 years of experience handling the complex issues involved in property division. We can carefully review the facts of your case, create a comprehensive strategy for getting you the fairest share of assets, and explain the process clearly as you go through this difficult time. We believe in working with the other party's attorney in order to get you the best results possible, but we are also very aggressive when they are not willing to be fair.

Contact Eiges & Orgel, PLLC today at (347) 848-1850.

How Property is Divided in a New York Divorce

To ensure your assets are divided fairly, it is necessary to have a proper valuation. It will also be necessary to determine which assets, if any, were owned by one party prior to the marriage. These are both considerable factors. Assets can include vehicles, homes, jewelry, antiques, art, businesses, retirement accounts and investment accounts.

During the equitable distribution phase of your divorce, the court will also look at:

  • The overall length of the couple’s marriage
  • The income and property of each spouse
  • The non-financial contributions of each spouse
  • The age, health & earning capacity of both spouses
  • Whether or not spousal support was awarded
  • The wishes of both spouses regarding certain assets
  • The liquid & non-liquid nature of the property involved
  • Any wasteful dissipation of assets prior to divorce

Equitable Distribution vs. Common Law Distribution

Prior to becoming an equitable distribution state, New York was a common law property state. This means that a couple’s property was distributed according to the manner in which title was held. For example, if only your name appeared on the title of your house, you would get to keep it after a divorce; however, this has since changed. Now the court must divide a couple’s assets as fairly and equitably as possible. Still, this does not mean that there will be a 50/50 split.

What property is subject to equitable distribution?

Under New York’s equitable distribution laws, only your “marital property” will be divided during a divorce. This means that you and your spouse will get to keep any separate property that was brought into the marriage.

In the state of New York, “separate property” can include any assets that were:

  • Acquired by one spouse prior to the marriage
  • Received by one spouse as an inheritance or gift
  • Acquired as compensation for a personal injury
  • Characterized as such in a prenuptial agreement

Marital property includes any assets that were acquired during the marriage—regardless of who holds the title. With few exceptions, this may include both spouses’ income, purchases made with that income, and retirement benefits.

Let Eiges & Orgel, PLLC Guide You Through the Process

An individual who is getting divorced needs experienced legal counsel to not only sift through all of the details of the different assets and their potential values, but to present one's case in a way that brings to that person the fairest and most beneficial asset distribution. If you are facing divorce, it is imperative that you contact a seasoned New York divorce attorney at once. Doing so can maximize your chances of receiving the best possible outcome in your case.

Having helped thousands of clients achieve a successful resolution to their divorce, Eiges & Orgel, PLLC is well-poised to help you pursue the outcome you deserve. Attorney Kenneth Eiges has hosted a radio show on divorce issues, appeared on numerous TV shows and written articles on the subject. Linda Eiges has hosted radio shows along with him and has also testified and advised the City Council on legal issues. This level of expertise benefits our clients greatly.

Contact an NYC divorce lawyer at our firm for help pursuing a just resolution to your property division.

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