Long Island Divorce Lawyers

Equitable Distribution & Property Division in New York Divorce Cases

During a divorce, one of the most important issues to address is how your marital property will be divided.  This process, referred to as equitable distribution, can quickly turn an uncontested divorce into a contested divorce.  It's not uncommon for divorcing spouses to have conflicting opinions over how their property should be divided, and things can quickly turn sour when one or both parties do not get their way.

Before you file for divorce, it's best to speak with an experienced Long Island divorce attorney who can protect your interests by making sure your rights to marital property are not overlooked or ignored.  Under New York law, all assets, money and property acquired during the marriage are up for equitable distribution, regardless of which party's name is on the title or the account.  Examples of marital property include:

Real Estate Pensions Retirement Accounts Savings Accounts Healthcare Benefits Stock Options Investments (i.e. mutual funds)

Time Shares Automobiles Antiques or collectibles Business ventures Education degrees Professional licenses

Unlike marital property, separate property is not eligible for distribution under New York equitable distribution laws.  Separate property refers to any property acquired by either spouse before the marriage commenced or after it was dissolved through divorce.   Inheritances and gift from third parties are also considered separate property.

It's important for both parties to realize that equitable distribution is not the same as equal distribution.  Equitable distribution reflects the idea that because a marriage is a joint venture, each party in the marriage has a right to claim the property and assets of the marriage in an equitable manner.

How an Experienced Divorce Attorney Can Help

Understanding your rights under equitable distribution can be confusing, so it's best to work with a knowledgeable and well-practiced Long Island divorce lawyer who can help you assert your rights and make sure your property and assets are protected.  At Samuelson Hause & Samuelson, we have more than 100 years of collective experience in New York divorce and matrimonial law, and have represented thousands of clients throughout Long Island and Nassau County.  You can trust that we will advocate your best interest, protect your property rights, and help you resolve any obstacles or discrepancies that may arise.

Contact a Long Island divorce attorney at Samuelson Hause & Samuelson today by calling (516) 294-6666.