Spouse Entitlements In New York After Divorce

In New York, there is a no-fault divorce law, which means that either spouse can file for divorce without having to provide a reason. This applies to both contested and uncontested divorces. Under the law, a spouse is entitled to receive a share of the marital property, as well as alimony (also known as spousal support) if he or she is unable to support themselves after the divorce.

Equitable Distribution In New York Divorces

The division of marital property in New York is based on a “fairness” standard. This means that the court will consider all of the factors relevant to the case, including each spouse’s income and assets, in order to determine what is an equitable distribution of property.

The spouse is entitled to the equitable distribution of marital assets in New York upon divorce, but what does that mean?

Equitable distribution is a method for splitting property after a divorce. This means that the spouse must share in marital assets with her husband. It may not be equal to split evenly 50/50, rather an arrangement where both parties are happy. The spouse will need legal representation from a separate attorney if he/she believes his/her spouse has been unfair or acting in bad faith during the process. In New York, this rule applies when someone files for divorce and should include all resources.

Some people actually believe a spouse earning less is entitled to a greater percentage of property from their spouse or that they should be paid alimony for any period before that spouse was awarded property from the divorce, but this isn’t true according to New York state laws. It’s important to remember that you might not receive everything that you want in a divorce, even when the terms are unfair in your opinion. Some spouses refuse to negotiate fairly so it can be difficult to get exactly what you want without taking your spouse back to court.

In most cases, equitable distribution means an even split of all property obtained during their marriage, with some exceptions.

To learn more about Equitable Distribution in New York, contact our office to learn more about how we can help you.