Experienced New York Attorneys for Equitable Distribution
Knowledgeable Counsel for Property Division in Divorce
Absent a valid prenuptial or postnuptial agreement, New York courts will apply the rule of equitable distribution when it comes to dividing property, assets, and debts in divorce. This means that property isn’t divided equally, but rather, it is distributed in a way that is fair to both parties. Importantly, only marital property is subject to division in divorce — property owned by either spouse before the marriage and inheritances are typically considered separate property and will be retained by the spouse who acquired it.
Property that may need to be equitably divided in divorce can include the following:
- The marital home and other real estate
- Cars, boats, and other vehicles
- Bank accounts and income
- Artwork, furniture, and jewelry
- Business interests
- Stocks and bonds
- Intellectual property
- Retirement assets and pensions
- Mortgages, loans, and debts
Couples work hard to acquire their marital assets, and property division can be a very contentious issue in a New York divorce. The divorce attorneys at The Edelsteins, Faegenburg & Brown, LLP will work closely with you to identify your interests in the marital estate, ensure each asset is properly valued, and fight for your right to a fair division. In addition, if you suspect your spouse is hiding or concealing assets, we have the tools and resources to uncover them to help ensure you receive the property to which you are entitled.
Helping You Achieve a Positive Resolution for Property Division Matters
Property division in divorce doesn’t always have to be litigated in the courtroom. Mediation is a low-conflict and highly effective form of alternative dispute resolution that can help ensure your financial affairs remain private and the spouses have a say in how their assets are distributed. The attorneys at The Edelsteins, Faegenburg & Brown, LLP are adept at representing the interests of our clients in mediation and are committed to ensuring they fully understand their legal and financial rights.
In the event alternative dispute resolution is not an option, marital property may need to be divided by a judge. If a case proceeds through the litigation process, there are a number of factors a court would evaluate to determine an equitable result. For instance, a court would consider each spouse’s income and property; the length of the marriage; the age and health condition of the spouses; whether a spouse would be receiving alimony; either spouse’s contributions as a homemaker; and other relevant factors. The legal team at The Edelsteins, Faegenburg & Brown, LLP is skilled in negotiating favorable resolutions for our clients when it comes to property division issues and know how to effectively litigate these matters in the courtroom.
Contact a Proficient New York Divorce Attorney
If you are considering divorce, it’s vital to have legal counsel who can advise you regarding your property rights and fight to protect the assets that are rightfully yours. At The Edelsteins, Faegenburg & Brown, LLP, our attorneys are dedicated to providing adept representation for property division and equitable distribution matters in New York divorces. Call (212) 425-1999 to schedule a consultation or contact us now to learn how we can help.