Tag Archives: marital property

How Can You Keep Most of Your Pension in a New York Divorce?

After you’ve spent years contributing to your pension, the possibility of losing half of it to your ex during a divorce may seem a bitter pill to swallow. But a pension is considered marital property in New York and thus subject to equitable distribution, so relinquishing part of your pension is nearly unavoidable. Equitable means… Read More »

NYPD Divorces Have Some Unique Equitable Distribution Issues to Consider

Anyone who goes through a divorce will be subject to all of the standard processes associated with getting divorced, including the division of marital assets. This division is to be “equitable,” but not necessarily equal. The general idea is that it will be a fair division that distributes assets in such a way that both… Read More »

New Domestic Relations Law Protects Smart Women in 2016

In 1985 the New York Court of Appeals started a case called “O’Brien v. O’Brien” this case has a “progeny” of cases that further define it and solidify it. The case stands for the proposition that “an interest in an professional career is marital property which can be represented by direct or indirect contribution (even… Read More »

What Type of Property Should Stay Separate After You Get Married?

After you get married, all of your property gets classified either as marital property (also known as community property) and non-marital property (also known as separate property). Marital property is any property gained after the marriage, while separate property is property that you owned before the start of the marriage. There are certain types of… Read More »

Property Division Processes in New York Divorces

In the state of New York (as in most other states), all marital property is subject to equitable distribution during divorce proceedings. Marital property is defined as any type of property acquired during the marriage, not including any property acquired by gift or inheritance during that time period. Common examples of marital property include real… Read More »

Unique Legal Perspective Affecting Donald Sterling, Ms. V. Stiviano, and Rochelle Sterling

Mr. Sterling known to be the owner of the Los Angeles Clippers is accused of making racial comments in tapes allegedly created by his girlfriend. The octogenarian has a woman less than half his age named, V. Stiviano. Ms. Stiviano denies leaking the tapes however she reported taped Mr. Sterling making the remarks that are… Read More »

On Appeal: Tax Fraud and Fairness

In a Supreme Court, Queens County matter, a recent ruling on an appeal was problematic for a wife who made contradictory claims about her marital estate.  In Morille-Hinds v Hinds, the judge was confronted with a couple who admittedly underreported their income on their tax returns. Throughout the marriage, the couple did not report the… Read More »

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 »