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
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
Is all property subject to equitable distribution?
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?
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,
- 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!
FREE 1 HOUR CONSULTATIONS are very
informative and conveniently conducted virtually to reduce risk!
I look forward to speaking with you.
Stay healthy & safe!
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