Tag Archives: property division

How to Enforce a Property Division Order

As a part of your divorce decree, courts will issue an order outlining how your marital property will be divided. There will also be information about how you can enforce that order, should your ex-spouse not cooperate with the terms of the decree. There are a variety of ways in which you may be able… Read More »

Will You Need to Sell Your Home in Your Divorce?

Although you don’t necessarily have to sell your home after you go through a divorce, it is certainly a common occurrence. Most people that do sell their homes after divorce do so for one of the following reasons:  They can no longer afford the mortgage payments on the home because of the terms of their… Read More »

How are Disability Benefits Divided in a Divorce?

Property division is generally one of the most contentious issues in divorce, and it doesn’t only regulate how real estate or household possessions are divided. Other financial awards, including disability benefits, are also considered to be marital assets, meaning they are also subject to the property division process. Disability benefits are typically paid to a… 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 »

How Should Divorcing Couples Divide Rental Properties?

During the course of their marriage, many couples decide to invest in real estate, purchasing rental properties and earning incomes off of them. But these real estate holdings can make the property division process more difficult if these couples decide to get divorce. The following are some of the key considerations to make when dividing… 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 »

Honey…I Got a Job, Can We Get Divorced?

Despite the ongoing instability of the federal government, small economic improvements are taking hold in communities across New York and the United States. If household incomes increase, is it likely the divorce rate is going up, too? In 2012, the Pew Research Center suggested trends occur during recessionary times, including: Tendency for a drop in… Read More »

Same-Sex Marriage Wins the Day in New Jersey

On Monday, October 21, 2013, vows were heard up and down the Jersey coast as same-sex couples gained the right to legal marriage. Although same-sex marriage was legalized in New Jersey in 2012, Governor Chris Christie opposed the measure, only withdrawing his objections when the Supreme Court of New Jersey denied further delay of the… Read More »

High Asset Divorces Involving Property

In Newsday June 26, 2013, was a tragic case whereby a woman settled a divorce for a paltry $12,000,000. It may not sound tragic, however, her attorney agreed a certain building was worth only $7,700,000 (a well known Garden City law firm). The building sold for $84,500,000.00 immediately after the divorce was over. Thousands of… Read More »

Getting To Yes: Equitable Property Division

Property division is central to all divorce cases. Whether you have a high-asset estate, or a house, some savings and a pension, the same rules apply. At Bryan L. Salamone & Associates, P.C., we know the law, and we help you understand the law when it comes to dividing your property. Here are some points… Read More »