Rochester Equitable Distribution Lawyers

How to Determine Equitable Distribution

Marital property consists of any assets or property acquired by the couple during the marriage. This can include wages, investments, businesses, professional practices, real estate, pensions, retirement accounts, and more. Separate property consists of assets that a person acquired before the marriage as well as gifts, inheritances, or awards they received personally during the marriage. Proving that separate property remained separate during the marriage can be challenged; but we have experience doing it. Only marital property is divided and distributed between the parties in a New York divorce.

You and your spouse can create the terms of your property settlement on your own and submit it to the court for approval. If you and your spouse cannot agree on how to divide property, the court will decide for you. Courts consider various factors when determining a fair resolution to this issue.

These factors can include:

• How long the marriage lasted
• Both parties’ contributions to the marriage, including time spent caring for the family and/or contributing to the other’s education or career training
• Each party’s income and earning potential
• Whether spousal support will be awarded
• The ages and health of each party
• Which party will have primary custody of the children, and how this will affect the matter of the family home
• Each party’s financial condition and ability to remain or become self-supporting

Other factors may also come into play if they affect the financial condition of the parties, such as domestic violence, substance abuse, mishandling financial resources, hiding assets, and criminal charges.

Contact Our Equitable Distribution Attorney in Rochester Today

Retaining a fair share of the marital property in your divorce is your legal right. Take advantage of the knowledge and skills available at The Glennon Law Firm, P.C. to ensure that your divorce is resolved appropriately.

Call us at (585) 294-0303 or contact us online today to get started with our Rochester equitable distribution lawyers.