White Plains Lawyer Handles Equitable Distribution Matters Involving Substantial Assets
A track record of success in equitable distribution cases
The distribution of property at the end of a marriage is one of the most important and also one of the most contested issues in a divorce. You need an attorney who is knowledgeable about dividing substantial assets and valuing financial instruments such as retirement accounts. At Martin J. Rosen, P.C. in White Plains, I am sensitive to the needs of divorcing clients and find creative resolutions to disputes such as those involving a spouse’s contribution to their partner’s professional success. Whether the divorce is amicable or bitter, my firm helps clients obtain a favorable outcome when marital property is allocated.
Equitable distribution in New York
New York is an equitable distribution state. This means that in a divorce, a court seeks to divide marital property fairly between the former partners. This does not mean, however, that property is simply split down the middle. Rather, the court engages in a complex process of analysis to determine how property is split in each case, taking into account:
- The income of each partner, during and before the marriage
- The length of the marriage
- Age and health
- Other awards such as spousal support
- The contributions of a spouse to the property in question (e.g., repairs).
Marital property is that property which has been acquired during the union, with certain limited exceptions. All other property is considered separate property. Marital property is the subject of equitable distribution, while separate property is not divided as a part of the divorce. Businesses and even college degrees may be the subject of equitable distribution but may pose complicated considerations for the court.
You need a diligent attorney to assess the assets of the marital partners for the sake of accurate property division. This can be a difficult issue to resolve. A proficient divorce lawyer can assess the contributions that may affect property division. Martin J. Rosen is an experienced Westchester County attorney who can help clarify the parties’ rights even when numerous high-value items are at stake.
How is property divided after a divorce?
The division of the marital home, or domicile, in a divorce typically involves an equal division of equity value. A court might order a sale after a certain point in time, such as the graduation of the children from high school, with the custodial parent maintaining residence in the marital home in the interim. Nonetheless, the court may decide as it deems fit to suit the unique circumstances of each case. One partner may possibly be given the marital home in the interests of a fair division of assets. Let Martin J. Rosen help you establish the best case for a most favorable division of property.
Contact a determined White Plains attorney to discuss your case today
Consult an attorney with decades of experience in getting clients the best results in the division of property due to divorce. Call attorney Martin J. Rosen at 914-517-0841 or contact the firm online. The law office of Martin J. Rosen, P.C., based in White Plains, serves clients throughout Westchester, Rockland, Putnam, Orange, Dutchess and New York counties.