New York Equitable Distribution Attorneys Protect Their Clients’ Interests

Brewster divorce lawyers determinedly pursue fairness for their clients in negotiations and court alike

An important part of almost all New York divorces is determining how to fairly divide the property that the couple accumulated and intermingled throughout their marriage. You and your spouse might have very different notions of what is fair, and New York courts have considerable discretion in deciding the issue. If you live in Westchester, Dutchess, Putnam County or New York City, you can count on the skilled and determined New York attorneys at Needle | Cuda’s Brewster office to provide the high-quality representation you need deserve.

What property gets divided in a New York divorce?

Not all property owned by a married couple gets divided in a divorce. The court makes a distinction between Marital Property, which it may divide, and the Separate Property of each spouse, which they each get to keep.

Generally speaking, your “Separate Property” includes:

• Property you acquired before marriage;
• Gifts and inheritance to you;
• Money you received to compensate you for a personal injury;
• Property you exchanged for your separate property;
• Anything you and your spouse agree is separate property;

“Marital Property” includes:

• Any property either you or your spouse acquired/earned during your marriage but before you separated or filed for divorce, even if it is titled in only one of your names;
• An increase in the value of one spouse’s separate property caused by the efforts or contributions of the other spouse;

We can explain in detail which of your property qualifies as marital and which qualifies as separate. If it will serve your interests, we will negotiate an agreement with your spouse’s attorney that clarifies or revises these distinctions.

How New York courts divide marital property

New York property division is governed by the principle of fairness, not necessarily equality between the spouses. A court must consider a number of factors when dividing the property, including:

• Each spouse’s income and property when they married and when the divorce was filed;
• How long they were married and their ages and health;
• Whether a custodial parent needs the marital home;
• The loss of inheritance or pension rights upon divorce;
• The loss of health insurance because of divorce;
• Whether the property is easy to sell (liquid) or hard to sell (non-liquid);
• Whether it is difficult to put a value on some assets like a business or a professional license;
• Whether either person gave away or sold the property for less than it was work to keep it away from the soon to be ex-spouse;
• Any spousal maintenance awarded;
• Spouses’ claims to, interests in or contributions to the acquisition of marital property;
• Each party’s probable future financial condition;
• Tax consequences;
• Whether either spouse wasted (spent or lost) marital assets on purpose during the marriage;
• Whether there was any domestic violence between the two people;
• If the couple has a pet, the court will consider what is best for the pet;
• Any other factors that the court decides are fair and reasonable to consider;

We will carefully evaluate all of the relevant factors that favor you and make sure the court is aware of them.

Dividing marital debt

Marital debts are any liabilities incurred by either spouse during marriage for the family’s benefit, as opposed to debts incurred by a spouse for their own benefit. The court must determine what is marital debt and divide that equitably, using the same set of factors as it did to divide marital property.

We will determine which of your debts are marital and present the case for a division of it and other marital debts that are fairest to you, either by agreement or in court.

Contact our New York asset and property division lawyers today

Needle | Cuda, located in Brewster, helps clients throughout Westchester, Dutchess, Putnam counties, and New York City with the asset division process. To arrange a consultation, call us today at 203-557-9500 or contact us online.