Am I Entitled to Certain Assets in a Divorce in New York?

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When a couple wants to divorce, they are required to completely separate the life they brought together over time. This is rarely ever easy, as it can result in certain losses. This may be through certain agreements as well as the division of assets. Often times, spouses in these situations will wonder what assets they are entitled to receive after their separation. No one wants to lose the things that they value, whether it may be physical or financial. It is because of this that spouses going through a divorce should contact an experienced New York divorce attorney to learn more about the process going forward. 

What is Litigation?

Spouses who cannot reach an agreement regarding the future of their marital assets may end up in a contested divorce. When this happens, it often leads to litigation in which the court does so for them. It is important to know that this can result in the couple’s assets being subject to equitable distribution. While many believe this means an equal split, it actually means the assets are divided fairly between both parties. 

When a judge decides which assets belong to whom, they consider many different aspects of the marriage. This can include things such as the financial situation of both spouses, if the two have any children, the length of the marriage, and more. For example, a financially dependent spouse may receive a larger portion of assets than an independent spouse so that they may remain stable. These situations can often leave spouses unsatisfied, as they rarely ever receive all the assets they would have liked to. 

What Assets are Subject to Equitable Distribution?

Those who acquire assets over a period of time cherish these belongings and are rarely ever okay with giving them up. That is why so many couples disagree over these matters. When the court works to determine which assets belong to which spouse, they divide marital property from separate property. Assets that are acquired during the marriage are considered marital property while assets that were acquired before they are considered separate property. This can entail belongings such as real estate, automobiles, bank accounts, etc. If a couple runs a business together, they may need to discuss the status of its future as well. During this time, the court will also factor in if spousal support or child support payments are owed from one spouse to another. 

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Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.

Why choose our firm?

We have an excellent AVVO rating from our many happy clients

We will tirelessly pursue a favorable resolution to your case

We offer aggressive and effective representation

We treat our clients with the compassion, patience, and respect that they deserve

We have more than 20 years of dedicated legal experience

We have the legal knowledge necessary to help you obtain the outcome you desire

We tailor our practice to the representation of your divorce case

What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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