Long Island Divorce & Family Law Firm Established in 1976
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 or a common law state. This refers to the allocation of marital property and separate property as a result of a divorce or legal separation. New York is also an equitable distribution state when it comes to dividing marital debt.

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 questions like “What am I entitled to in a divorce?" and “What does ‘equitable distribution’ mean?”

So what is considered marital property in New York? 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

  • Your skill, patience, and calm disposition brought me reassurance.

    “Thank you very much for your help throughout my divorce. Your skill, patience, and calm disposition brought me reassurance during a very dark time. I appreciate everything you have done.”

    - Former Client
  • Lloyd has been the utmost advocate to me to help guide me through the most difficult situation of my life and to help protect my child.

    “I currently am utilizing Attorney, Lloyd Rosen, at Wisselman, Harounian & Associates. Lloyd has been the utmost advocate to me to help guide me through the most difficult situation of my life and to ...”

    - Former Client
  • This firm should be on your shortlist for consideration in any divorce and/or custody matter.

    “I have retained this firm since 2012 for a variety of custody, divorce and post-divorce matters in both Supreme and Family court. I became aware of this firm via a very strong reference from an ...”

    - Former Client
  • Jackie and her team are amazing lawyers.

    “Jackie and her team are amazing lawyers. Her patience prevented me from spending thousands more on very expensive litigation because she was always pushing towards an agreement (versus a long drawn ...”

    - Former Client
  • I felt I was in great hands and would highly recommend him.

    “Jordan Trager helped me through a very difficult custody modification which included Parental Alienation. He was not only extremely knowledgeable but very attentive and sensitive to all of my needs ...”

    - Former Client

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.

We Can Help You Move Forward

Request Your Case Evaluation Today
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.