Property division is one of the most complex aspects of a New York divorce case and can be a major cause of tension between all involved parties. New York is an equitable distribution state, which means that the court will oversee the distribution of marital property in an equitable, but not necessarily equal, fashion. At Sunshine & Feinstein, we work hard to ensure that our clients’ rights are protected during this process. Speak with our firm’s Long Island divorce attorneys for the legal guidance that you deserve during this difficult aspect of divorce.

New York Equitable Distribution Laws

When dividing assets according to equitable distribution laws, the property will first be sorted depending on whether it is marital or separate property. Marital property is obtained after the marriage began, and separate property includes assets that were obtained before the marriage or as gifts to one party during the marriage. Some examples of marital property include:

  • Retirement funds
  • 401(k)s
  • Vehicles
  • Family home

Value will then be assigned to the marital property so that it can be distributed in a fair manner. In most cases, fault will not be taken into consideration during the distribution of assets. Our experienced divorce lawyers in Long Island can stand by your side during this process to ensure that your rights are protected.

Divorce Attorney Can Safeguard Your Rights in Nassau County

When determining the fair distribution of assets and debts during a divorce case, the court will take into consideration various factors. Some of the factors that will be assessed include:

  • Health / age of each spouse
  • Property and income of each party
  • Length / duration of marriage
  • Loss of inheritance / pension rights
  • Rights to alimony and child support

The court will make the final decision regarding how the property is divided. Contact our firm for the legal guidance you need as you navigate your case. We offer confidential case evaluations with our attorneys.

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