New York State laws provide that in any divorce matter all marital property is to be divided through equitable distribution. New York’s laws define marital property as “all property acquired by either or both spouses during the marriage”, which can only be waived by way of a validly executed pre-nuptial or post-nuptial agreement. In addition to marital property, New York laws provide for “separate property” that is generally excluded from equitable distribution subject to certain exceptions.
Although in many cases marital property is split evenly between the parties to a divorce, equitable distribution does not necessarily mean equal distribution. In determining the distribution, New York State Courts consider many factors; including, but not limited to, the finances and income of each of the parties at the beginning and the end of the marriage, the length of time that the couple was married, the age and health of each party, the needs of the parent who retains custody of any children involved, and many other financial and property valuation issues. In light of the myriad of complex factors that are critical to the allocation of marital property in a divorce matter, it is imperative that all those involved in a contested divorce action retain the services of an experienced and knowledgeable attorney.
Our firm has successfully represented countless clients in divorce matters throughout Long Island (Nassau and Suffolk County) and the Greater New York City Area (Queens, Brooklyn, Manhattan, Westchester, etc.) Our firm is dedicated to fight vigorously on behalf of our clients to ensure that they receive the maximum distribution of marital property. Call for your free consultation to discuss how our firm can provide you with quality, yet affordable representation.