New York Equitable Distribution Lawyer

Equitable Distribution vs. Community Property

New York is an equitable distribution state. This means, during a divorce in NY, property division is handled in a way deemed “most fair” to both sides. This is not the same as a community property state, which divides marital property split 50/50 between spouses. The court takes into account factors regarding the marriage and contributions of each party. The courts have considerable latitude in deciding who gets which assets.

At Eiges & Orgel, PLLC, our NYC divorce lawyers have over 60 years of collective experience handling the complex family law issues involved in property division. We can carefully review the facts of your case, create a comprehensive strategy for getting you the fairest share of assets, and explain the process clearly as you go through the difficult time of a divorce in NY. Our equitable distribution lawyers believe in working with the other party's attorney in order to get you the best results possible, but we are also very aggressive when they are not willing to be fair.

Is New York a Community Property State?

No, New York is an equitable distribution state that divides property based on what is fair and reasonable. Most states are transitioning to equitable distribution as community property is only practiced in a handful of states. Dividing assets via community property is the result of the Uniform Marital Property Act of 1983. This made the division of property during divorce easier, as even homes were considered 50/50. However, this method is quickly becoming outdated, as only 9 of the 50 states still utilize it.

How Property is Divided in a New York Divorce

To ensure your assets are divided fairly, it is necessary to have a proper valuation. It will also be necessary to determine which assets, if any, were owned by one party prior to the marriage. These are both considerable factors. Assets can include vehicles, homes, jewelry, antiques, art, businesses, retirement accounts and investment accounts.

Equitable Distribution vs. Common Law Distribution

Prior to becoming an equitable distribution state, New York was a common law property state. This means that a couple’s property was distributed according to the manner in which title was held. For example, if only your name appeared on the title of your house, you would get to keep it after a divorce; however, this has since changed. Now the court must divide a couple’s assets as fairly and equitably as possible. Still, this does not mean that there will be a 50/50 split.

What Am I Entitled to in a Divorce in NY?

Under New York’s equitable distribution laws, only your “marital property” will be divided during a divorce in NY. This means that you and your spouse will get to keep any separate property that was brought into the marriage.

Marital property includes any assets that were acquired during the marriage—regardless of who holds the title. With few exceptions, this may include both spouses’ income, purchases made with that income, and retirement benefits.