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Equitable Distribution

Equitable Distribution in New York

How Marital Property Is Divided in a New York Divorce

When it comes to division of marital property, New York is an equitable distribution state as opposed to a community property state. This refers to the allocation of marital property and separate property as a result of a divorce or legal separation. As an equitable distribution state, marital property is not automatically split equally (50/50) in New York. Rather, equitable distribution law demands consideration of a variety of personal and financial factors before the marital property will be distributed between spouses.

What Is Equitable Distribution of Marital Property?

Divorcing couples often ask "What am I entitled to in a divorce?" or “What does ‘equitable distribution’ mean?” In New York, "marital property" is any property acquired during the marriage. If divorcing spouses cannot agree on their property distribution, then a judge will divide it for them.

Our Long Island equitable distribution lawyers will work tirelessly to help you secure a fair divorce settlement, so contact us to learn more.

The court must consider the following factors before dispensing marital property:

  • The length of the marriage
  • The age and health of each party
  • The contributions of each spouse to the marital partnership
  • Direct or indirect contributions of one spouse to the career of the other
  • The earning power of each spouse
  • The separate property of each spouse
  • Any transfer of assets or encumbrance made in contemplation of a divorce action
  • The probable future financial circumstances of each party
  • The need of a custodial parent to occupy or own the marital residence
  • If (and in what amount) spousal support has been awarded
  • Any wasteful dissipation of assets by either spouse

Separate Property vs. Marital Property in New York

Separate property is not subject to equitable distribution laws. This means that any separate property a spouse has will remain in his / her possession. Separate property includes all possessions acquired before the marriage, property inherited or given as a gift by a third party, and any compensation for personal injuries. However, improvements to separate property may be marital. Also, mixing marital and separate property may render all property marital.

Our Great Neck Firm Can Help Secure a Fair Divorce Settlement

Unfortunately, equitable distribution in divorce doesn’t always result in an equal or fair division of property. In New York, family law judges are not required to split your assets 50/50, or “down the middle,” which is why it would be wise to secure the help of a seasoned divorce lawyer in Long Island.

Our attorneys excel in divorce law and work closely with our clients to obtain successful results. We can help you secure an advantageous division of financial assets and property by negotiating on your behalf. At Wisselman, Harounian & Associates, we have more than 150 years of experience. We have the knowledge, skills, and resources you want on your side.

Contact our law firm to request your free consultation with a Long Island divorce attorney!

Committed to Every Client

  • I highly recommend Joseph Bracconier's services to anyone looking for someone to relate to their personal experience and provide knowledgeable, empathic, professional guidance and support.”

    “Joseph Bracconier brought a certain calmness during a very chaotic, nerve wracking time in my life. He's has a remarkable way of quickly taking in all the information presented and recapping it in an ...”

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  • She was with me every step of the way and I can’t thank her enough.

    “Amanda Green represented me in my divorce and made me feel at ease during the entire process. She is very patient and accommodating. Made it very easy to speak with her. This was a very difficult and ...”

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  • You always were saying that I had a good case. Always positive.

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    “Joseph and the entire firm were very prepared to defend me in a restraining order case. It was a very difficult time for me being accused of something like that while I was being harassed by my ex. ...”

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  • I can wholeheartedly recommend Christine!

    “Christine was my divorce lawyer and truly did an excellent job on my behalf. My soon to be ex-wife was out for blood and wanted alimony, half of everything, lawyers fees paid for.. Christine looked at ...”

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Reasons to Choose Wisselman, Harounian & Associates P.C.

  • We will go the extra mile to meet your needs.

    Our professionals will go above and beyond to create a solution that is tailored to fit the unique needs and goals of you and your family.

  • We will walk you through every decision.

    When you hire us, we will get to know you on a personal level, inform you of your options, and help you make the best decisions possible.

  • We will sort out all concerns on your mind.

    Our mission is to put your mind at ease, alleviate your worries, address all concerns, and answer any questions you have along the way.

  • We will always act in your best interests.

    We demonstrate an unparalleled level of commitment to our clients. When you work with us, your needs will always come first.

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