Equitable Distribution New York
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always try to fairly compensate both parties involved in a divorce. However, it needs to be pointed out that equitable does not necessarily mean "equal".
The first thing you want to understand if you're going through a divorce process in New York is that for assessing what defines "equitable distribution", New York divorce courts will definitely take into account the behavior of the parties within the marriage. However, this is not meant in the moral sense. Adultery is so common as a cause of divorce today, and so common as a reaction by one party to the other's sexual indiscretions, that it does not matter in New York state whether that is a reason for suing for divorce and will not affect equitable distribution.
However, if one party's behavior has caused the dissipation of marital assets, the court will indeed take that into consideration. For instance, if the husband was spending lavish amounts of money on a mistress, the New York divorce court will likely award the wife an amount of marital assets to compensate for that, as the husband's behavior directly affected the totality of marital assets.
Understanding Equitable Distribution New York State
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A. Anything brought into the marriage.
B. Anything acquired during the marriage by gift or inheritance, and held in separate name.
C. Proceeds of a personal injury award [automobile accidents, slip-and-fall, and so forth].
D. Disability pensions [strictly for the disability payout portion].
E. Anything purchased with the sale or trade of separate property.
The marital home is always something that people going through a divorce have questions about. With regards to equitable distribution New York state law does not recognize any special rules governing the marital home, but almost all the time the courts seek to equally divide the equity and assets of the home between the two parties.
The courts may order that the house be sold off right away. But if there are minor children involved, it's possible that the courts could rule that the home be kept until the children are emancipated or have graduated high school.
Whoever gets custody of the children will be allowed to remain in the home until all of the children come of age legally or are somehow otherwise emancipated. In divorce situations involving children, the courts will focus on:
- whether the custodial parent's living expenses would be greater or lesser by staying in the home;
- whether the children have grown up for most or all of their lives in the marital home;
- whether it's possible to find other appropriate housing in the same neighborhood for an affordable price
New York is a "fault" state and an "equitable distribution" state when it comes to divorce. Things can get very complicated. If you're considering or already seeking divorce in New York, contact New York City lawyer Mary Grace Condello.
If you need a divorce lawyer call now 718.259.4500 or email us if we can help.
If you want more information see our free resources or after viewing our equitable distribution New York information check out New York Alimony Laws.
