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Equitable Distribution

Your divorce will require that your marital property be valued and divided. The lawyers of Leeds Morelli & Brown will work with you to ensure that the division of your property is fair and equitable. We will help determine the value of your assets including properties and businesses and help you make decisions regarding your assets and liabilities.

When deciding how to divide assets, the law considers:

  • Income of each party at the time of marriage
  • Income of each party at time of divorce
  • Length of marriage
  • Age and health of both parties
  • Need of custodial parent to occupy or own marital home
  • Loss of pension rights upon dissolution
  • Any award of spousal maintenance
  • Future financial circumstances of each party
  • Difficulty of evaluating asset or interest in a business, corporation or profession
  • Tax consequences to each party
  • Wasteful dissipation of assets by either spouse

The New York Equitable Distribution lawyers at Leeds Morelli & Brown will review each of your assets, discuss the options and help you plan the best settlement agreement possible. If you and your spouse cannot agree, we are experienced litigators who will argue your case before a judge.

Does equitable distribution mean that all marital assets get evenly split?
No, equitable does not mean equal. Marital property must be distributed equitably between the parties considering the circumstances of the case and the respective parties.

What is considered separate property?
Separate property is property or assets:

  • Brought into the marriage
  • Acquired during the marriage by gift or inheritance and held in separate name
  • Awarded after a personal injury (e.g., auto accident)
  • Received from disability pensions (i.e., the portion for disability only, not for the standard pension)
  • Purchased with the sale or trade of separate property

Equitable distribution is complex, technical and emotional. The attorneys at Leeds Morelli & Brown will fight for you. We represent clients in Long Island, Old Westbury, Manhasset Hills, Great Neck, Woodbury New Hyde Park and Syosset. Call us at 1-800-585-4685 or 516-873-9550.