Equitable Distribution In New York

Entering into a divorce is hardly ever easy or straightforward. In addition to the emotional nature of terminating a marriage, a separating couple will also have to put a lot of time and consideration into serious legal decisions that could affect the entire family.

One of these decisions will involve the distribution of marital property. Do not move forward in your contested or uncontested divorce without first consulting an experienced divorce attorney. At The Law Office of Castrovinci & Mady in Smithtown, New York, we can help protect your rights and your finances after a divorce.

What Type Of Property Can Be Distributed?

The state of New York is known as an equitable distribution state. This essentially means that a separating couple will have to divide their marital property fairly. Equitable distribution does not necessarily imply that a couple's property will be split in half. Instead, the property will be distributed in a way that can best secure a fair outcome for both spouses after a divorce.

Both spouses typically can keep their own pre-marital — or separate — property. Marital property — or property that has been accumulated during the marriage — will be divided equitably. Marital property can include:

  • Each spouse's income during the marriage
  • Property that was purchased during the marriage
  • Retirement benefits that each spouse earned during the marriage
  • Property that was accumulated, such as the marital home, while the couple was married
  • Businesses that were started or increased in value during the marriage

If you are unhappy with the outcome of your equitable distribution order, our knowledgeable trial lawyers won't shy away from the courtroom on your behalf. Our firm primarily focuses on litigation, meaning we can represent your best interests in appellate court to pursue a satisfactory outcome.

We Work To Protect Your Finances

With over 40 years of combined experience in strictly practicing family law and matrimonial law, each attorney at our firm has an intimate knowledge of the protections that are available to you under the law. We always offer honest and ethical legal counsel to our clients to avoid the frustration of unexpected surprises involving the distribution of their hard-earned property, assets, money or retirement funds. Contact our firm today to schedule your free case evaluation.