Divorce in New York involves
equitable distribution of assets. This means that property is divided
equitably, not necessarily an
equal division. This type of property division is fair and considers what the
spouses contributed to the marriage and what they will need to move on
after the divorce.
Before adopting this method of division, New York used "common law
property" where the property was given to the spouse who had a title
on it. That proved to be unfair in some instances and now the state uses
equitable distribution. If you have questions regarding your divorce or
property division, contact a Staten Island divorce lawyer from
The Law Offices of Adelola Sheralynn Dow.
When a couple chooses to divorce, the court will divide the property fairly.
The judge will take into account all of the following factors when making
- The income of both spouses
- The property each spouse had when they got married
- The duration of the marriage
- The age and health of both spouses
- Custody needs
- Spousal maintenance orders
- The future financial circumstances of the spouses
- Any pension or insurance losses due to the divorce
There are many other factors that the court may consider when determining
a fair division of the assets. It is important to note that only the marital
property gets divided by the court. If you or your spouse has separate
property, you get to keep that. Marital property includes things that
were acquired during the marriage, regardless of who is actually on the
title. The income if each spouse and any property bought with the income
during the marriage is marital property.
If you have further questions about equitable distribution or the determination
of marital and separate property,
contact The Law Offices of Adelola Sheralynn Dow. Attorney Dow is a skilled Staten Island divorce attorney who can help
walk you through the process.