Equitable Distribution

New York is an Equitable Distribution State, which means that upon dissolution of a marriage, the Court must distribute equitably all marital property regardless of the manner in which title is held unless otherwise previously agreed to in a prior written agreement such as a pre-nuptial or separation agreement. The distribution of marital assets depends not only on the financial contribution of the parties but also on a wide range of non-enumerated services to the joint enterprise, such as homemaking, raising children and providing the emotional and moral support necessary to sustain the other spouse in coping with the challenges of life outside the home.

There are many factors considered in equitable distribution, including the parties’ incomes, property, age, health, marriage duration, residential and custodial needs, inheritance and pension rights, maintenance rights (alimony), direct and indirect contributions to increased values and expenditures, possible future financial circumstances, business evaluations and tax consequences.

We are experts at indentifying assets and their value and determining whether they are subject to equitable distribution or are separate property.  We understand that each case presents its own unique set of personal and financial facts that must be identified. Our team has the skills and resources available to ensure a comprehensive evaluation and indentify any unique factors the courts have not previously examined. Because the division of martial property is the issue most often litigated, our expertise in this area serves as a powerful tool to encourage pre-trial resolution or to convince a trier of fact.

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