Turning Fear Into Power

Equitable Distribution in Divorce

Attorneys For Divorcing Men

Equitable distribution of marital property and debts is a critical issue in any divorce, especially in those involving complex financial holdings, businesses, or assets. If you are involved in a divorce, you will need to resolve the matter of equitable distribution or division of marital property before your divorce can be finalized. If you are located in Staten Island, Brooklyn, or in the counties of Monmouth or Middlesex, New Jersey, you can find competent legal representation with us.

What Is "Equitable Distribution"?

Equitable distribution refers to the division of marital property and debts upon the dissolution of marriage. Under New York and New Jersey laws, marital property is divided on the basis of a fair distribution between the spouses. Marital property consists of all property acquired by either or both spouses during the marriage and before any separation or divorce agreement, regardless of how the property is held. Real estate, bank accounts, stocks and bonds, IRAs, vehicles, boats, household furniture, and all other property acquired with marital funds are considered marital property.

As of September 1, 2009, new rules apply in any New York divorce action. These rules prevent either party from selling or transferring any real or personal property, withdrawing or transferring any tax deferred funds, incurring unreasonable debts, removing one another from any medical or dental insurance policies, or changing the beneficiaries of any life insurance policy once a divorce matter has been filed.

New York and New Jersey Divorce Lawyers for Division of Marital Property

In any equitable distribution matter, the court will consider a number of factors before determining what a fair division of the marital property is. We can review your financial situation and advise you on how your case should be presented to the court.

Contact us today for legal representation in the division of marital property pursuant to a divorce.

Have Questions?

We Have Answers!

I Just Got Served With a Temporary Order of Protection, Does This Mean That I Cannot See or Call My Children?

If you have been served with a Temporary Order of Protection, you need to be careful about the interaction you have with the person protected by that order. It is important for you to review the terms of that order with an experienced family law attorney before you do anything. This will ensure that you are conducting yourself in accordance with the terms of the order and that you remain free of the threat of criminal prosecution.
Can My Spouse Transfer Property or Remove My Name From Insurance Policies During Our Divorce Proceedings?

In September 2009, the New York State legislature enacted new Automatic Restraining Orders which prevent parties from incurring unreasonable debt, spending unreasonable amounts of money, with the exception of the payment of regular bills and reasonable legal fees, from transferring property, removing or terminating insurances, etc. during the divorce. These orders are automatically binding upon the plaintiff, and become binding upon the defendant, once he or she is served with the documents initiating the divorce.
Can I Start a Divorce Against My Spouse When I Reside in New York, but My Spouse Does Not Reside in the Country?

The short answer to this question is, generally, yes, however, this is a complicated issue and it is important for you to speak with an experienced attorney about the issues of service of process on your spouse pursuant to international law. When the country in which your spouse is to be served is a signatory to the Hague Service Convention, the documents to be served will need to be translated into the official language of that country and presented to a Central Authority authorized to effectuate service in that country. This is often a lengthy process, which includes the translation of legal documents, shipping of those documents abroad, and locating your spouse. Attorney Dow has experience organizing the service of international process and welcomes the opportunity to help you serve your internationally located spouse.