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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.

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

What Our Clients Are Saying

  • “He took the extra step to make sure I was satisfied”

    S. Powell

  • “Mr. Eiges made every effort to keep my legal costs low.”

    Anie

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

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  • “Eiges & Orgel is a good Law firm to use during these times.”

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  • “They were true to their word”

    Former Client

  • “I am extremely satisfied with the representation Eiges & Orgel provided me in my divorce case”

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

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  • “If all divorce attorneys had the spirit of Kenneth "Ken" Eiges, cases would not drag on.”

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    Former Client

  • “I am so grateful to Eiges & Eiges for taking my case & doing a par excellent job.”

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

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  • “Ken told me where I would be at the end of the process - and he was right.”

    Kim

  • “The BEST Attorney any client would hope for”

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  • “Ken is just amazing to work with and knows everyone in family court.”

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  • “My first meeting with Ken was both enlightening and comforting.”

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Experience is Critical. We've Handled Thousands of Cases Over the Years and We're Ready to Help You.
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  2. Four Attorneys Named to Super Lawyers
  3. Resolved Over 3,000 Divorce Cases
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  6. Media Appearances On CNN & People
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