Property Division & Equitable Distribution in NY
Explained by a Westchester County Divorce Lawyer
debt division is a key issue that must be resolved during a New York
separation agreement. The process can be complex and disputes may easily arise regarding what
is marital property and what is separate property. A divorce lawyer in
Westchester County can help you resolve these issues in such a way that
your interests and future financial stability are protected.
Defining Equitable Distribution
In New York, property division is carried out through equitable distribution.
It is important to note at this point that “equitable distribution”
does not mean “equal distribution.” In a divorce, the court
will determine what is considered to be marital property and what is considered
separate property. Marital property will be subject to equitable distribution
while separate property will remain with the spouse to whom it belongs.
How Does the Court Divide Marital Property in New York?
In dividing marital property, the court will look at a number of factors.
These may vary from jurisdiction to jurisdiction, as well as the particular
circumstances of the case. Some factors in determining equitable distribution include:
- Each spouse's property at the time of marriage
- Each spouse's income at the time of marriage
- The need of the custodial parent to occupy/own the couple's home
Any award of
- Tax consequences
These disputed cases require the representation of a divorce attorney to
act as your advocate and ensure that the court fairly considers every
factor in your case. Friedman & Friedman can work hard to protect
your property in a divorce, so be sure to give us a call as soon as possible.
How a Westchester County Divorce Attorney Can Help
Determining separate versus marital property is not always clear cut. Having
an attorney on your side to ensure that your property and assets are protected
is essential to your financial stability. Your divorce attorney should
have specific knowledge regarding separate and marital property and competence
in matters involving finances, businesses and more.
Attorney Andrea Friedman is an experienced divorce lawyer serving Westchester
County and all of Long Island. She understands how important property
division is to your future and therefore strives to provide personalized
attention and aggressive representation to each and every one of her clients.
Getting a divorce in Westchester County?
Contact our firm today for a strong advocate!