Equitable Distribution

Long Island Equitable Distribution Attorneys

Is NY an Equitable Distribution State?

In New York, anything owned by the spouses must be accounted for and categorized as either "marital" or "separate" property. Separate property remains with the spouse that is its sole owner and marital property is subject to division.

Separate Property - Separate property is generally defined as goods that were acquired by a spouse either before the marriage or after the divorce was commenced. The most common examples of separate property acquired during the marriage are gifts from third parties, personal injury awards, and inheritance. However, if separate property was commingled with marital property, it may become subject to division, such as if a home owned by one spouse prior to the marriage that appreciated in value while lived in by both, that appreciation may be a marital asset.

Marital Property - The more complex and litigated assets are those considered marital property. These comprise any asset acquired or accumulated during the marriage regardless of by which spouse. While some assets are easy to value, such as cash, stocks, bonds, and real estate, some assets are subject to serious litigation. Examples of assets that typically involve complex valuation are future earnings or the value of a business.

Other than the issues relating to the children of divorcing or separating spouses, the division of assets is the most important and often contentious issue. In these matters, it is important to have a professional at your side who can properly present your interests while protecting your legal rights to the fullest extent. A family law and divorce lawyer at The Virdone Law Firm, P.C. can offer you empathetic support along with dedicated legal representation that will help you seek a positive resolution in regard to property division.

We help clients in Queens, Nassau, and Suffolk Counties in the area of property division and all divorce or family law matters. 

Factors Assessed by the Court During Property Distribution

The state does not mandate an even split, so even after assessments are made, experienced divorce attorneys can best maximize your share and ensure that all assets are discovered.

Factors weighed by the courts include:

  • The age and health of each party
  • The length of the marriage
  • The earning power of each spouse
  • The separate property of each spouse
  • The contributions of each spouse to the marriage, both financial and homemaking
  • Contributions of one spouse to the career of the other
  • Waste of assets by either spouse
  • Occupancy / ownership of the marital residence
  • Spousal support
  • The probable future financial circumstances of the parties
  • Any transfer or encumbrance made in contemplation of a divorce action without fair consideration

When you work with an attorney at our Nassau County law office, you will find that we have vast experience valuing assets and regularly work with outside experts in this area. Our goal is to ensure that our client does not obtain less than they should after a divorce whether the process involves calm negotiation or complex litigation.

Contact a property division attorney at our law firm to learn more about how we can help you address the division of assets and property in your divorce or separation.

Our Testimonials

  • "Mr. Virdone is the BEST lawyer I've ever seen and worked with. Being an out of state Dad makes everything so much more difficult to fight and represent myself. New York denied me a DNA test do to me not having been properly served by a processes server. "
  • "John Virdone is simply put - a great litigator. My reason for saying this is that he is always exceedingly well prepared when he steps into a courtroom to advocate on your behalf. He knows "THE LAW" and he uses it to his client's best interest. My custody "
    Derek Tolbert
  • "I was expertly represented during my divorce. John took the time to fully listen to my concerns, and gave me his undivided personal attention. I hope that you don't have to go through divorce, but if you do, use JOHN VIRDONE."
    Grace Johnson
  • "John is a man of integrity, skill and knowledge. He represented me in a viciously contentious custody matter involving parental alienation and he did an outstanding job. As an attorney myself (corporate law), I have met hundreds of attorneys in my 25 years"
    Anthony C.
  • "John Virdone is simply an outstanding litigator. He represented me in the Queens County Family Court in a highly contested grandparent custody/visitation matter that was on going for more than two years. My case was exceptionally difficult. Many attorneys "