Visitation in New York | What You Need to Know
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 marital property 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.
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.
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:
Citing fault grounds once had an impact on divorce cases. New York changed its approach to divorce and now focuses on what it 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.
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 who 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.
© 2025 Law Offices of Susan A. Kassel, P.C. All rights reserved. Attorney advertising.
