Equitable Distribution Attorneys on Long Island
Helping Our Clients through the Property Division Process
Equitable distribution refers to the division of marital assets in a divorce. Domestic Relations Law Section 236 B is the statute that governs the distribution of marital property. Not all assets owned by married couples are subject to equitable distribution. The classification of assets as marital property versus separate property and any appreciation to each category of property can dramatically affect a spouse’s right to seek the division of assets or determine the appropriate share of the asset for the spouse seeking distribution.
At Pickney Law Firm, we represent individuals navigating the property division process during divorce. We understand that the outcome of your property division agreement can have a significant impact on your future. Let our Long Island equitable distribution lawyers fight for you and protect your rights every step of the way.
New York’s Property Division Laws
New York is an equitable distribution state. It’s important to remember that equitable does not mean equal. Numerous factors determine how assets are divided, including the length of the marriage, contributions to the accumulation of assets, and the assets’ appreciation in value.
At Pickney Law Firm, our Long Island property division attorneys can help you determine your rights as to the division of stocks, trusts, pensions, businesses, inheritances, personal injury settlements, automobiles, jewelry, and personal property.
Some of the factors the court will consider include:
- The income and property of each party at the time of marriage and divorce
- The length of the marriage
- The non-financial contributions of each spouse
- The age and health of each party and their earning capacity
- Loss of inheritance and pension rights due to the end of that marriage
- Tax implications
- Any wasteful dissipation of assets or transfer of assets in contemplation of divorce
- The custodial parent’s need for the marital home and household effects to care for children
- The liquid and non-liquid nature of the property involved
- Any award of spousal maintenance
- The wishes of each party regarding particular assets
Retain a Knowledgeable Attorney
The division of marital property requires extensive knowledge of the law of separate property and appreciation of marital assets. We have achieved success on behalf of clients seeking to shield and protect assets and property from the claims of a spouse. Our firm has also obtained financial settlements on behalf of our clients from the appreciation of their spouse’s separate property.