Long Island Property Distribution Lawyers
What is Equitable Distribution?
During a divorce, one of the most important issues to address is how your marital property will be divided. This process, referred to as equitable distribution, can quickly turn into a contested divorce. It is not uncommon for divorcing spouses to have conflicting opinions over how their property should be divided. Things can turn sour when one or both parties does not get their way, so it is important to consult with an experience attorney.
What is Marital Property?
Under New York state law, all assets, money, and property acquired during the marriage are considered equitable distribution, regardless of which party's name is on the title(s). Equitable distribution. also called division of property, reflects the idea that because a marriage is a joint venture, each party in the marriage has a right to claim the property and assets of the marriage in an equitable or fair manner. Before you file for divorce, it is best to speak with an experienced attorney who can protect your interests by making sure your rights to marital property are considered.
Examples of marital property may include but are not limited to the following:
- Real estate
- Timeshares
- Pensions and profit-sharing plans
- Retirement accounts
- Checking and savings accounts
- Stock options
- Investments (i.e. mutual funds)
- Business ventures and professional practices
- Automobiles
- Antiques/collectibles
- Life insurance
- Debt(s)
New York Is Now an Equitable Distribution State
Understanding your rights under equitable distribution can be confusing, so it is best to work with a knowledgeable and well-practiced lawyer who can help you assert your rights and make sure your property and assets are protected. When a Long Island couple divorces and the court is involved, the court must divide their property in a fair and equitable manner.
However, this does not necessarily mean the couple's assets will be divided evenly. When a judge is dividing a couple's marital assets, he or she will consider the following factors before rendering a decision:
- The age and health of each spouse
- The length of the marriage
- Each spouse's income and assets
- Any health insurance or inheritance rights a spouse loses because of the divorce
- Whether or not the court awards spousal maintenance
- Either spouse's contributions as a stay-at-home parent or homemaker
- Either spouse's contributions to the assets
- Each spouse's earning capacity
- The tax consequences of the division of the assets
- Whether either spouse has wasted the marital assets
- Any other factor the court deems relevant
Why Choose Samuelson Hause PLLC?
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Accredited By the Better Business Bureau (BBB®) for High-Quality, Ethical Legal Practices
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Included In Best Lawyers In America
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Top-Tier Matrimonial Law Firm with US News & World Report
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Three Attorneys Listed in New York Super Lawyers ®
Testimonials
Our Determination & Dedication Is Recognized by Our Clients
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Richard Hause is a very capable, thorough attorney who really cares about his clients. He is the attorney you need when going through the stresses and travails of divorce.Lisa Doran
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“Elliot Samuelson is one of the most prominent matrimonial attorneys in New York. He has published more articles than perhaps any other matrimonial attorney and talked shop on Larry King Live.”Long Island Business News, the pulse of Long Island business
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“I worked with Tracy Hawkes, she was great throughout the entire process.”Tina M.
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In selecting Elliot Samuelson as among the leading divorce attorneys on Long Island, over 185 interviews were conducted over a 7 month period. Mr. Samuelson is the author of 5 books including Matrimonial Motion Practice in New York. He has been named to “Ten Leaders” of Matrimonial and Divorce Law of Long Island.Digital Press International
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“Divorce is a very emotional and draining process to go through. I was given a few recommendations for divorce attorneys and made appointments to consult with all of them.”C. Jordan
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“My ex-husband started the proceedings of our separation in the Winter of 2005. I met Richard Hause after being quite disappointed with my previous experience with a counselor. I was impressed from the very first meeting by his knowledge of divorce laws and”R. Rita Mosca
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“Wendy Samuelson and her firm are the best around. She really listened to me and respected my wishes on how I wanted my divorce handled.”G. Brill, LCSW
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“If you want a divorce lawyer who will always return your calls, keep the process running smoothly, and guide you through the inevitable conflicts and hurdles, I highly recommend”P. Whitrock, R.N.
Marital Property & Separate Property
Unlike marital property, separate property is not eligible for distribution under New York equitable distribution laws. Separate property refers to any property acquired by either spouse before the marriage commenced or after the commencement of a divorce action. Inheritances and gifts from third parties are also considered separate property, as well as personal injury awards.
The appreciation of some separate property assets may be considered marital property, particularly active assets like a business. In addition, a separate property asset that is commingled with marital assets may be considered marital property. After an initial consultation with an attorney from our firm, we can help determine which assets are considered marital property and which are separate.
How an Experienced Divorce Attorney Can Help
At Samuelson Hause PLLC, our Long Island equitable distribution attorney have more than 100 years of collective experience and have represented thousands of clients throughout Nassau County, Suffolk County, and Long Island. Our Long Island Equitable Distribution Lawyers will advocate for your best interests, protect your property rights, and help you resolve any obstacles or discrepancies that may arise. Contact us today by calling our office. We look forward to hearing from you soon.
Get in touch online by completing a case evaluation form or call us at (516) 584-4685 to book a consultation.
