Can Property Division Arrangements Be Changed After A Divorce?

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The divorce process can be stressful for various different reasons. Many divorcing spouses worry about the logistical side of the proceedings, which could be confusing if you are unfamiliar with divorce law in general. Thankfully, highly experienced law firms like ours are here to help! One of the most important decisions in a divorce is how shared assets will be split between spouses. Continue reading this blog to find out about how property division arrangements are decided in New York and whether they can be changed down the line. Feel free to reach out to a talented Property Distribution Attorney in Bohemia, NY for individualized legal counseling.


Most of the time, no. Once a property division order is finalized in court, the order must be followed no matter what happens. The only real exceptions would be if one spouse hid assets during the divorce process or if the judge made a mistake in the legal order. You should take careful consideration when making property division decisions.


New York follows an equitable distribution model, meaning marital assets should be divided fairly (but not necessarily 50/50) between both spouses. In many cases, spouses can decide on property division arrangements themselves, usually with the help of a divorce attorney or mediator. If not, a judge will need to determine how property is divided between a divorcing couple. The judge might take these factors into consideration:

  • The length of the marriage
  • Prenuptial and postnuptial agreements
  • Alimony arrangements
  • Each spouse’s financial status, including annual income, debts, trusts, inheritances, and potential earning capacity
  • Child custody and child support arrangements
  • Each spouse’s age and health
  • Each spouse’s contributions to the marital property
  • Potential tax consequences


While property division arrangements cannot be altered, other important divorce decisions could be modified depending on the circumstances. This is most common for divorcing spouses who had children together. Child custody and child support arrangements are highly dependent on each spouse’s current living conditions, which could change as time goes on. For example, a spouse paying child support may need to pay a higher amount if their annual income greatly increases.

Are you currently in the midst of the divorce process? If so, you might have a lot of questions about how your marital property will be handled during the divorce process. The good news is that our knowledgeable legal team has all the answers you’re looking for! Contact the Law Offices of Susan A. Kassel today for an initial consultation.

Why choose our firm?

We have an excellent AVVO rating from our many happy clients

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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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