Equitable Distribution We're the Calm Beneath Your Storm

Equitable Distribution

Long Island Property Distribution Lawyers

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 Property Can be Distributed in a Divorce?

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. 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 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.

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)

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

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.

At Samuelson Hause & Samuelson, LLP, we have more than 100 years of collective experience and have represented thousands of clients throughout Nassau County, Suffolk County, and Long Island. We 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.

Testimonials

Our Determination & Dedication Is Recognized by Our Clients
  • “My sincere thanks to you for your expertise and true kindness.”

    - C.C.
  • “I couldn’t be more satisfied with the outcome and the hard work that they put forth for me. Their integrity, honesty and conscientiousness were invaluable to me. They kept me strong and focused in the right direction at all times.”

    - Dr. D.S., Field of Neonatology
  • “Dear Wendy, I want to thank you a million times from the bottom of my heart for your endless patience and willingness to look out for my welfare even though I was often too willing to bury my head in the sand. You're really the best.”

    - Dr. A.R., Surgeon

Reasons to Choose Our Firm

  • Two of Our Attorneys are Members of the American Academy of Matrimonial Lawyers (AAML)
  • Accredited By the Better Business Bureau (BBB®) for High-Quality, Ethical Legal Practices
  • Included In Best Lawyers In America
  • Top-Tier Matrimonial Law Firm with US News & World Report
  • Three Attorneys Listed in New York Super Lawyers ®
  • AV Preeminent® Rated by Martindale-Hubbell®, the Highest Rating in Legal Ethics & Professional Practice

Contact Samuleson Hause & Samuelson Today

Guiding You Through Life's Difficulties
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.