In any divorce or dissolution of marriage proceedings in New York, state laws dictate that marital property be divided up between the parties through equitable distribution. Under New York’s Domestic Relations Law 236(B), marital property includes “Property acquired prior to the marriage is classified as separate property and remains as such after the marriage has ended subject to certain exceptions.” except as otherwise provided in a pre-nuptial or other valid, written agreement between the parties. Other property is classified as “separate property” and remains as such after the marriage has ended subject to certain exceptions.
All of the marital property is then distributed equitably between the two parties by the court. In determining the distribution, courts look at: the finances and income of each of the parties at the beginning and the end of the marriage, the length of time that the couple was married, the age and health of each party, the needs of the parent who retains custody of any children involved, and many other financial and property valuation issues. In general, the court divides the assets based upon principles of fairness. Because there are so many varied factors utilized by the court in allocating the marital property, the legal knowledge and persuasive skills of an experienced and knowledgeable Long Island divorce attorney Obtaining professional representation is necessary to ensure that your rights and interests are protected.
The attorneys at Jason M. Barbara & Associates, P.C. have helped many clients through the divorce process, and we are extremely familiar with the laws that govern the distribution of marital assets after a divorce. Our team is on your side, and we will do whatever we can to make sure that you get your fair share of the marriage assets. We are focused on delivering the best possible representation for all of our clients, and we will be sure to put your interests first and give you the legal service you deserve. If you are contemplating divorce, are in the midst of divorce proceedings, or are just seeking some advice, call our office today at 516-775-5557, and get Jason M. Barbara & Associates, P.C., working for you.