One of the most contentious aspects of a divorce has to do with the distribution of the couple's marital assets. New York State embraces the principle of "equitable distribution" of marital assets. Generally speaking,  separate property stays separate, and marital property gets divided equitably. "Equitable" does not necessarily mean an "equal" 50/50 distribution. A court in its discretion may assign different percentages based on the circumstances of the particular case.

Very generally speaking, Marital property is that property which was aquired by a couple during the tenure of their marriage. However, there are many exceptions to this rule, and you would be well advised to consult an attorney about your rights in this area before you agree to any proposed distribution.

Very generally, separate property is that property that was aquired by a party before his or her marriage. However, just as with the above marital property definition, there are many exceptions here as well. Indeed, sometimes property obtained during marriage can still be considered separate, while property acquired before the marriage can become marital. Again, I cannot stress enough the importance of reviewing all of your assets with an attorney before agreeing to any terms regarding the division of assets.

If you require a Queens based divorce and family attorney to consul you in this area of the law, feel free to call my office and I will be glad to help.

Do you have questions or do you want to make an appointment to discuss Equitable Distribution in Nassau County?

Call me at (516) 513-1300 or use our contact form.