Equitable Distribution of Property

When you divorce or separate from your partner, those assets are legally subject to equitable distribution. A court will divide marital property when a couple can’t reach an agreement of their own. Courts will distribute these assets fairly and equitably, but whether a couple determines it to be an equal split may vary.

Marital property: any and all assets acquired and liabilities incurred during marriage. Examples of marital property include:

  • The marital home and vacation homes

  • Stocks and bonds

  • Automobiles

  • Bank accounts

  • Investment accounts

  • Home furnishings

  • Timeshares

  • Retirement funds

  • Pensions and annuities

  • Businesses

Protecting Your Assets

Before the property is actually distributed, all of the couple’s assets are evaluated and classified: marital (acquired during marriage, available for distribution) or separate (acquired prior to marriage, exempt from division). Qualified by my extensive knowledge of New York’s equitable distribution laws, I can distinguish property as either marital or separate.

In addition, I adeptly trace commingling of separate assets with marital, prevent unfair distribution, and ensure that nothing is overlooked in the final account. I will ensure the court has all the information it needs to fairly divide your assets.

Courts base property division on multiple factors, including:

  • The financial situations of each spouse

  • The degree to which each spouse contributed to the acquisition of marital property

  • The future needs and liabilities of each spouse