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New York Equitable Distribution Lawyer

What is Equitable Distribution in New York?

Equitable Distribution New York is an equitable distribution state. This means, during a divorce, property division is handled in a way deemed “most fair” to both sides. It does not mean that all property will be split 50/50 between spouses. The court takes into account factors regarding the marriage and contributions of each party. The courts have considerable latitude in deciding who gets which assets.

At Eiges & Orgel, PLLC, we have over 60 years of collective experience handling the complex family law 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 to discuss your divorce

Is New York a Community Property State?

No, New York is an equitable distribution state that divides property based on what is fair and reasonable. Most states are transitioning to equitable distribution as community property is only practiced in a handful of states.

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 Am I Entitled to in a Divorce in NY?

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 a lawyer at Eiges & Orgel, PLLC firm for help pursuing a just resolution to your property division.

What Our Clients Are Saying

  • “They worked extremely hard and took extra steps to fight for me.”

    Parrish

  • “I have been very happy with their services.”

    Steve

  • “I genuinely felt he and his office cared for me and my children.”

    Jen

  • “Compassion, professionalism, integrity and expert guidance are just some words that came to my mind when mentioning Eiges & Orgel PLLC.”

    Former Client

  • “Mr. Eiges will help you finish the case as fast as possible and will try his best to stay with in budget.”

    Yossi

  • “Excellent Advice”

    Tina.

  • “Mr. Eiges was consistently able to neutralize his efforts, keep things civil, and keep the process moving forward.”

    V. S.

  • “Mr. Eiges is very a patient and a very knowledgeable attorney.”

    Cheung

  • “He took the time to listen to all my concerns and provided honest, straightforward answers.”

    Nancy

  • “Thanks to Ken I was able to keep my home, my business and make sure my children would be taken care of through college.”

    Former Client

  • “I felt a rapport with you that bodes well as I move forward with this process.”

    M.W.

  • “They were true to their word.”

    Former Client

  • “I am happy that I retained Attorney Eiges to work on my divorce that was finally settled last month.”

    Abbey

  • “Mr. Orgel got me custody of our daughter, more money than I expected and more of the house that I expected.”

    James

  • “Mr. Eiges was very attentive and responsive.”

    A. Licari

You Want Us On Your Side

Experience is Critical. We've Handled Thousands of Cases Over the Years and We're Ready to Help You. 
Call now for a Comprehensive Consultation.
  1. More Than 60 Years of Collective Experience
  2. Four Attorneys Named to Super Lawyers
  3. Resolved Over 3,000 Divorce Cases
  4. AV® Rated by Martindale- Hubbell®
  5. AVVO Ranked Superb & "Clients' Choice" Winner
  6. Media Appearances On CNN & People
  7. Appointments In-Office, Over the Phone, & Via Skype
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