Tag Archives: marital property

When Separate Property Is Not Separate

Division of property is a hotly debated topic in many divorces. A recent Appellate Division case defined an instance when separate property is not actually separate property.  In New York, the assets and debt of the marital estate are subject to equitable distribution during divorce. When couples cannot agree on how to distribute their property,… Read More »

A Matter of Opinion: The Use of Experts in New York Divorce Matters

Is the family business profitable or broke? During a divorce, sometimes the only opinion that matters is one provided by an expert.  As it turns out, many of our clients benefit from the appropriate use of experts during their divorce proceedings. New York law allows courts to require payment of fees for legal counsel and… Read More »

Professional Degrees as Property in a Divorce

When a spouse earns a professional degree or license during a marriage, that spouse’s increased earning potential is marital property subject to equitable distribution in New York. Experience has shown, however, that the principle is far easier to articulate than to execute. Consequently, recent reform efforts are aimed at eliminating that section of the law…. Read More »

Some Property Is Safe from Division During Divorce

In a New York divorce, some property isn’t part of the marital estate and thus is not subject to division between the spouses. Understanding what is and isn’t marital property can improve the outcome of your divorce settlement negotiations.  New York’s domestic relations law distinguishes between marital property and separate property. Separate property belongs to… Read More »

How to Divide the Equity in Your Marital Home

You both deserve part of your marital home, but you cannot cut a house down the middle. Splitting the equity in your home requires strategic planning and creative thinking. Common solutions include: Selling your home and dividing the equity Buying out your spouse with cash or other assets Accepting other property in exchange for the… Read More »

What Factors Are Considered When Dividing Marital Property?

Under the law of equitable distribution, marital property must be divided in a just manner between the spouses without considering any fault. Spouses can keep property that has been separate in the marriage. But what is separate and what is marital can be difficult to determine. An experienced divorce lawyer can make an examination of… Read More »