Tag Archives: equitable distribution
What Happens to the Family Home in a Divorce?
One of the most difficult issues that comes up during a divorce is what to do with the family home. More than just another asset to be divvied up, the home is the place where the family gathered for evening meals, where holidays were shared and where children grew up. In addition to holding this […]
Splitting Business Interests When You Split with Your Spouse
If you own all or part of a business enterprise and you’re getting divorced, your stake in the company may be not be yours to keep. Your spouse may be entitled to an equitable share of your ownership, even if he or she played no part in acquiring or running the business. The key question […]
How Does a Spouse’s Wasting of Marital Assets Affect a Divorce?
When it comes to dividing property in a divorce, New York is an equitable distribution state. Most of the assets and debts acquired by either spouse during the marriage are considered marital property and are divided fairly, though not necessarily equally. The judge will take various factors into consideration in making an equitable distribution, such […]
New York Adds Domestic Violence as a Factor to Consider in Equitable Distribution
New York State divorce courts now weigh domestic violence as a factor when making decisions about how to divide property among the spouses. Under a revised statute that took effect in 2020, courts must now consider “whether either party has committed an act or acts of domestic violence … against the other party and the […]