Manhattan Equitable Distribution Attorney
The court must consider several factors when dividing marital property and having a strong attorney to protect your assets is critical. Whether in the courtroom or negotiations, the equitable distribution attorneys at the Law Office of Vivien I. Stark, P.C. will professionally represent you and stand up for your interests.
There are times when defending your assets is best done in a more collaborative setting making decisions with your spouse rather than having a judge make your decisions for you. This is often a more cost-effective approach where each party takes away some benefit.
Team up with a legal team that will professionally represent you regardless of the circumstances. Call the Law Office of Vivien I. Stark, P.C. today. Our Manhattan equitable distribution attorneys care about your results and are:
- Hard-working and dedicated;
- Results-oriented and driven; and
- Compassionate and empathetic.
We want to achieve results for you. Call us in Manhattan today and schedule a case consultation.
What Is Equitable Distribution?
Equitable distribution is a method used by the court to divide property at the time of a divorce. Only marital property is subject to equitable distribution. Marital property is property acquired by the spouses during the marriage.
Marital property does not include:
- Gifts from a non-spouse;
- Bequests;
- Inheritance of one spouse alone;
- A personal injury settlement; or
- Any property characterized as separate in a prenuptial or postnuptial agreement or another written agreement.
This property, along with property obtained by a spouse before marriage, is separate property. There are other types of separate property. An experienced equitable division attorney will gladly review your property and advise you as to which category that property belongs.
What Can an Equitable Distribution Attorney Do for Me?
An equitable distribution attorney like ours at the Law Office of Vivien I. Stark, P.C. encourages you to make smart decisions when planning your property division. Making intelligent choices today will positively impact your future.
The transition from one household to two is a major one. Our equitable distribution attorneys help you do the following, and more:
- Identify marital property;
- Identify separate property;
- Assess marital property value;
- Identify and assess total debts; and
- Retain experts on your behalf when necessary, including forensic accountants, financial analysts, business valuation specialists, and others.
At the Law Office of Vivien I. Stark, P.C., we represent clients within all economic scopes. While you may or may not need an extensive examination into your assets and debts, it is always prudent to have expert help when attempting to distribute marital property and debts equitably.
Factors a Court Considers in Equitable Distribution of Marital Property
It is important to note that equitable does not mean equal. Equitable distribution is a means of dividing property fairly between spouses, which is not always a fifty/fifty division.
Courts consider several factors when making decisions regarding equitable property distribution, including but not limited to:
- Each spouse’s income and property at the time of marriage and divorce;
- The duration of the marriage;
- Each spouse’s age and health;
- Which parent any children live with;
- The pension, health insurance, and inheritance rights either spouse will lose as a result of the divorce;
- Whether there is a spousal support award;
- Whether each spouse’s claim to the marital property is equitable;
- The liquidity of marital assets;
- The probable future finances of each spouse;
- The difficulty of dividing a spouse’s business;
- Any tax consequences of fair distribution;
- Whether there was a wasteful dissipation of marital assets by either spouse;
- Whether either spouse transferred or encumbered marital property in anticipation of a divorce; and
- Any other factor the court deems just and proper.
The court prefers couples work together to divide marital assets and approve a settlement so long as it is fair to both spouses. Any property left undivided is subject to equitable distribution by the court according to the above factors.
Contact a Manhattan Equitable Distribution Lawyer Today
If you would like to know more about equitable distribution and how spouses may resolve their asset division with a professional’s help, call the Law Office of Vivien I. Stark, P.C. today. Our Manhattan divorce lawyers will gladly explain the negotiation process and how the court equitably identifies and divides marital assets.
At the Law Office of Vivien I. Stark, P.C., we proudly serve Manhattan and the surrounding boroughs. Contact us to schedule your consultation. Our Manhattan equitable distribution lawyers will strive to retain your assets while ensuring you get fair treatment in negotiations or the courtroom.