Property Division & Equitable Distribution in NY

Explained by a Westchester County Property Division Lawyer

Property and debt division is a key issue that must be resolved during a New York divorce or 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, NY can help you resolve these issues in such a way that your interests and future financial stability are protected.

Call (914) 873-4410 today or fill out our online contact form to discuss your case with a divorce attorney.

Is New York a Community Property State?

No, New York is an equitable distribution state, meaning all marital property will be divided by a judge if a prior agreement has not taken place. This property will be divided in a way that is considered fair and equitable. Any outstanding debt that was acquired during the marriage will also be allocated.

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 spousal maintenance
• 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 PLLC, Attorneys at Law 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 Property Division 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 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 firmtoday for a strong advocate!