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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.

 

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Brooklyn Family & Divorce
Lawyer MKB
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I could not be happier to have had Mary Katherine Brown prepare my Last Will and Testament, living will, Health care proxy and other documents. I truly appreciated her accessibility and patience. What I thought would be a confusing and uncomfortable task, she made into an easily understandable process. I can tell she is very knowledgeable and I trust her guidance.


Brooklyn Family & Divorce Lawyer MKB
Brooklyn Family & Divorce Lawyers
147 Prince Street
Suite 24
Brooklyn, New York 11201

(718) 878-6886
$ 9AM - 6PM
5/5 Based on 4 Reviews
5
5
If you are looking for an attorney who would listen to your concern and tirelessly work with/for you to get results then Mary Katherine Brown is who you are looking for. She promptly addressed my concerns and kept me informed throughout the process. At the end she produce results I am happy with. Thanks again Counselor!
5
5
Mary Katherine Brown is one of Brooklyn's top divorce lawyers
5
5
5
5
Brooklyn Family & Divorce Lawyer MKB
Brooklyn Family & Divorce Lawyers
425 Madison Avenue
9th Floor
New York, New York 10017

(718) 878-6886
$ 9AM - 6PM
5/5 Based on 3 Reviews
5
5
If you are looking for an attorney who would listen to your concern and tirelessly work with/for you to get results then Mary Katherine Brown is who you are looking for. She promptly addressed my concerns and kept me informed throughout the process. At the end she produce results I am happy with. Thanks again Counselor!
5
5
Mary Katherine Brown is one of Brooklyn's top divorce lawyers
5
5
5
5