Divorce can be a challenging and emotionally charged process, and understanding
your rights and entitlements is crucial. If you're a wife considering
a divorce in New York, it's important to be aware of the specific
rights and protections provided by the state's divorce laws.
As a highly skilled divorce attorney/mediator for more than 35 years, I
have guided many wives on what they are entitled to in a divorce. Let
me share some of this information with you:
Equitable Distribution of Marital Property
New York follows the principle of equitable distribution, which means that
marital property acquired during the marriage is divided fairly but not
necessarily equally. Marital property typically includes assets like the
family home, vehicles, bank accounts, investments, retirement plans, and
other property obtained during the marriage.
If the marital home was purchased during the marriage, the wife may be
entitled to a fair share of its value. Factors such as the length of the
marriage, each spouse's financial contributions, and custody arrangements
can influence the division of the marital home.
Spousal Support (Alimony)
New York allows for spousal support, also known as alimony or maintenance,
to be awarded to the dependent spouse based on various factors. These
factors include the length of the marriage, the income and earning capacity
of each spouse, and their respective contributions to the marriage.
Child Custody and Visitation
In divorce cases involving children, New York courts prioritize the best
interests of the child. The wife may be entitled to custody or joint custody
of the children, depending on factors such as the children's preferences,
the parents' ability to provide a stable environment, and any history
of abuse or neglect.
Both parents have a legal obligation to support their children financially.
New York uses a formula to calculate child support based on each parent's
income, the number of children, and other factors. The wife may be entitled
to child support payments from the husband to ensure the children's
Healthcare and Insurance Coverage
During the divorce process, the wife may be entitled to continue healthcare
coverage through her spouse's insurance plan. If not, the court may
order the husband to provide healthcare coverage for the wife and children.
Professional Degree or Career Advancement
In some cases, a wife may be entitled to compensation or a share of the
increased earning capacity if she supported her spouse's education
or career advancement during the marriage. This is known as "enhanced
earning capacity" and can be a factor in property division or spousal
Legal Fees and Expenses
In certain situations, the court may order the husband to pay the wife's
legal fees and expenses, particularly if there is a significant disparity
in the spouses' financial resources.
Retirement Accounts and Pension Plans
Retirement accounts and pension plans accumulated during the marriage are
considered marital property subject to equitable distribution. The wife
may be entitled to a fair share of these assets, depending on the circumstances.
Inheritance and Gifts
Inherited assets and gifts received by one spouse are considered separate
property and are not subject to division in a divorce. However, if these
assets were commingled with marital property or used for the benefit of
the marriage, they may be subject to equitable distribution.
With more than 35 years’ experience as a divorce attorney and mediator,
I have helped many wives get what they are entitled to in a divorce. I
can help you too.
Call me to learn more right now!
FREE 1-HOUR CONSULTATIONS areconveniently available virtually!
I look forward to speaking with you.
Call New York Divorce Lawyer Lois Brenner right now if you are a wife and
want to know what you are entitled to in a divorce.
Schedule your free consultation today! Call 212.734.1551