Long Island Divorce Attorneys Who Understand NY Equitable Distribution Laws
Our knowledge and experience empowers us to fight for your property rights
To understand equitable distribution, your lawyer has to know more than the letter of the statutes. For decades, courts in New York have been interpreting the statutes and publishing opinions on what the law means in a myriad of circumstances. Your attorney must understand this case law and be able to apply legal precedents to your unique situation. At Bryan L. Salamone & Associates, P.C., our attorneys have a depth of understanding that only comes with repeatedly trying complex cases in courts throughout Long Island and the metropolitan area. We are Long Island’s largest and busiest law firm dedicated exclusively to divorce and family law. When changes are made in the law, either through legislation or court rulings, we study these changes carefully. Our practice demands that we stay ahead of the curve, and we do so to serve you to the best of our ability.
Factors the court considers in deciding equitable distribution in New York
New York law presents an exhaustive list of factors that a court must consider when determining equitable disposition of property. All of the factors raise questions of fact, but most require the court to form an opinion that will likely be based on how well your attorney presents the evidence and argues for your interests. The court considers the following:
- The income and property of each party at the time of marriage, and at the time the divorce begins
- The duration of the marriage and the age and health of both parties
- The need of a custodial parent to occupy or own the marital residence and to use or own its household effects
- The loss of inheritance and pension rights (e.g. 401k) upon dissolution of the marriage as of the date of dissolution
- The loss of health insurance benefits upon dissolution of the marriage
- Any award of maintenance (alimony)
- Any equitable claim to, interest in, or direct or indirect contribution made to the acquisition of such marital property by the party not having title, including joint efforts or expenditures and contributions and services as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party
- The liquid or non-liquid character of all marital property
- The probable future financial circumstances of each party
- The impossibility or difficulty of evaluating any component asset or any interest in a business, corporation or profession, and the economic desirability of retaining such asset or interest intact and free from any claim or interference by the other party
- The tax consequences to each party
- The wasteful dissipation of assets by either spouse
- Any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration
As if these weren’t enough, the law allows the court to consider “any other factor which the court shall expressly find to be just and proper.” In short, the court can consider whatever it wants to consider when deciding what to do with your property. When the law gives this much latitude to a judge, you need a fighter on your side, an attorney who puts in hours of preparation and comes to court ready to do battle. That’s what you get when you retain Salamone & Associates.
Protect your property rights with Long Island’s largest divorce law firm
Don’t let an attorney’s inexperience compromise your financial security. At Bryan L. Salamone & Associates, P.C., an experienced and dedicated divorce attorney is ready to meet with you. Call us immediately at 1.631.479.3839 or contact us online to schedule a free initial consultation.