Property Division

Is New York an Equitable Distribution State?

New York is an equitable distribution state, and that means that assets are divided equitably between the two parties. The focus here is to try to divide everything in a fair manner, and that doesn’t necessarily mean that the division will be equal between the two individuals. Marital property is the only thing divided, and separate property, such as property gained prior to the marriage, will not be included.

A judge will look at a number of factors when determining property division, such as:

• The length of the marriage
• If spousal maintenance is being awarded to either spouse
• The income of each spouse
• Age and health of both individuals
• Financial loss as a result of the divorce, such as health insurance or pensions
• Future earning ability of each side
• The value of all marital assets
• If the parent awarded custody needs the home to live in

Property division can be handled by a court, or couples can work with an attorney to do the divisions together. With our system of Divorce Intelligence®, we help you navigate a find a more peaceful and positive resolution to their marriage. This can include coming to an agreement about property division and working together rather than being at odds with each other. It is a great alternative to traditional divorce and provides a wealth of benefits to both parties involved, often including lower fees and faster resolution time.

Attorney DePrima is a versatile legal professional with more than 14 years of legal practice handling a variety of divorce issues, including property division. You can benefit from her experience working as an objective divorce mediator, zealous family law litigator, and compassionate co-parenting coach.