Lois M. Brenner, Esq.

During this financially challenging time, don't delay your divorce.
We are offering
FREE 1 HOUR CONSULTATIONS!

Free Phone Consultation!

Call Now to Speak with Lois Brenner

646.663.4546
  • Home
  • Meet Lois Brenner
  • Divorce
  • Divorce Mediation
  • Psychology of Divorce
  • Testimonials
  • Blog
  • Contact Us
  • Call Today
  • Email Us
  • Our Map
  • Menu
    Home
    Meet Lois Brenner
    Divorce
    Divorce Mediation
    Psychology of Divorce
    Testimonials
    Case Studies
    FAQ
    Blog
    Case Evaluation
    Contact Us
    Site Map
  • Asset Allocation
  • Business Partnerships
  • Child Custody
  • Child Support
  • Contested Divorce
  • Divorce Litigation
  • Domestic Partnerships
  • Divorce Process
  • Domestic Violence & Abuse
  • Equitable Distribution
  • Estate Planning & Divorce
  • Family Law
  • Fathers' Rights
  • Grandparents' Rights
  • Health Insurance
  • High Net Worth Divorce
  • Life Insurance
  • Matrimonial Law
  • Military Divorce
  • Pensions
  • Prenuptial Agreements
  • Postnuptial Agreements
  • Separation Agreements
  • Taxes
  • Uncontested Divorce
  • Visitation
  • Women's Rights
man and child

New York Divorce Blog

Blog 2022 May Do You Have Questions About Equitable Distribution?
Previous Post  |  Next Post

Do You Have Questions About Equitable Distribution?

Posted By Lois M. Brenner, Esq. || 20-May-2022

As a divorce attorney and mediator for over 35 years, I have been guiding many spouses successfully on the path to divorce. The more educated you are about divorce, the better decisions you can make. I receive all kinds of questions about support, child custody and equitable distribution.

Today in this blog, I am going to answer some of your questions about equitable distribution.

What is equitable distribution?

Adam, Larchmont, NY

Equitable distribution is a method of dividing property at the time of divorce.

All states except for Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin follow the principles of equitable distribution.

Is all property subject to equitable distribution?

Elaina, NYC

No, it is not. Equitable distribution applies only to marital property. Marital property is all property acquired during the marriage. Marital property does not include property obtained during marriage by gift, bequest, devise or descent.

Property along with any assets acquired before marriage, is considered the separate property of the acquiring spouse.

If my spouse and I agree on how we should divide our property, do we have to rely on equitable distribution laws?

Paloma, Queens

A court will only engage in equitable distribution if a divorcing couple is unable to negotiate a property settlement. If a couple is able to agree on how to divide their property court intervention is not necessary. Couples can “opt out” of the equitable distribution laws in an agreement.

What factors are considered in determining how to divide marital property?

Jon, Oyster Bay, NY

  • Financial condition and earning power of each spouse.
  • The value of each spouse's separate property, including a spouse's business, business interests, retirement plans, 401(k) plans, stocks, bonds, etc.
  • How each spouse contributed to the acquisition of marital property.
  • How much each spouse contributed to the education and earning power of the other spouse.
  • Future financial needs and liabilities of each spouse.
  • The ages and overall health of each spouse.
  • Premarital and prenuptial agreements.
  • Spousal maintenance or alimony obligations.

Thank you for submitting your questions and contributing to our blog.

If you have questions about equitable distribution, I can answer them during our comprehensive Free 1 hour consultation.

I will be happy to help you with your divorce whether you mediate or litigate. A tailored divorce process is available based upon your needs and wants!

Our FREE 1 HOUR CONSULTATIONS are very informative and conveniently conducted virtually to reduce risk!

I look forward to speaking with you.

Stay healthy & safe!

Warm regards,

Lois

Call Attorney Lois Brenner Now to schedule your FREE consultation!

212.734.1551

Immediate consultations are available upon your request.

Categories: Divorce

Share Post

Rely on Lois Brenner

Call us at 646.663.4546 to talk with Lois Brenner and obtain the legal counsel you need.

Send Us Your Case Now
  • “You are truly the best divorce attorney in New York!”

    - Christine

  • map pin
  • “Thank you for doing such a tremendous job!”

    - Bill

  • map pin
  • “Thank You, Thank You, Thank You!”

    - Sara and Jeff

  • map pin
  • “I didn’t expect to find a divorce attorney as amazing as you!”

    - Deborah

  • map pin
  • “Keep up the good work!”

    - Jonathan

  • map pin
  • “First, you were so easy to talk to and second, you really know what you are doing!”

    - Sharon

  • map pin
Read All Reviews
  • facebook
  • twitter
  • google-plus
  • linkedin-2

Lois M. Brenner, Esq.

Lois M. Brenner, Esq. New York Divorce Attorney 12 East 86th St,
Suite 1230,
New York, NY 10028

View Map

(646) 663-4546


divorcelawyerny.com
  • Home
  • Site Map
  • Privacy Policy
  • Contact Us
Internet Marketing Experts