Marital Property
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Suffolk County Marital Property Attorney

Property Distribution Attorney in Bohemia, NY

The division of marital property is one of the greatest sources of conflict between spouses facing divorce. While some spouses clearly have more stake in assets than their partners, deciding who should own what pieces of property can become ambiguous. Because New York is an "equitable division" state, it is up to the courts to divide this shared marital property in a way that it deems fair. Though some couples can come together to resolve their matter through alternative dispute resolution, for some divorcing clients to receive their rightful share, they must assert their claim before the judge, which makes dedicated counsel so crucial to this process. At the Law Offices of Susan A. Kassel, P. C., our Suffolk County divorce attorney has more than two decades of legal experience in divorce and family law. We know the challenges clients face during the property division process and how to compellingly put forth their claim over the assets they deserve. When experience matters, contact our firm. Contact The Law Offices of Susan A. Kassel, P.C. for a consultation to discuss your legal matter.

Marital Property

What is marital property?

The easy, quick answer is that marital property is any asset acquired during the marriage or agreed to be marital property at the beginning of the marriage. Separate property is an asset owned before the marriage and not agreed to become marital property. With that in mind, there are countless examples of how separate property can mutate into marital property. There are also examples of assets gained during the marriage that stay separate property, including personal injury awards, gifts, and inheritances. It is important to discuss your situation with an effective attorney because, no matter your emotional stake in a possession, marital property will be distributed using the principle of equitable distribution.

What is equitable distribution?

Equitable distribution is defined as a split of assets in a fair and just manner. At one time, a divorcing couple would split things evenly. This is not always the case, to the surprise of many. Depending on significant factors, the state will divide marital property in a way that is fair to both parties. A split can be equal if the court deems it to be fair. It can also be any number of other percentages. It is important to have proper counsel that can protect your rights.

When ruling on property division, the court will consider:

  • The duration of the marriage
  • The health and age of each spouse
  • The income and potential future earnings of each spouse
  • How each spouse contributed to marital property
  • Any child custody considerations

Marital fault’s impact on property distribution

Citing fault grounds once had its impact on divorce cases. New York changed its approach to divorce and now focus on what is deems to be more significant factors. Courts may no longer take into consideration if your spouse cheated on you and you may no longer win a greater amount of the property because of it. On the other hand, economic fault does. If your spouse is caught trying to manipulate the decision by purposefully wasting assets or another act that would sway a decision in their favor, the court may decide in your favor.

Contact a Suffolk County property distribution attorney

If you are facing a divorce and have concerns over the division of your marital property, the time to speak with counsel is now. Clients that come to our firm can count on a staunch and thorough approach to this process and trust that their claim to any contested property will be effectively argued in the courtroom. Want to learn more about how we can help? Contact The Law Offices of Susan A. Kassel, P.C. for a consultation.

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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