Equitable Distribution Of Marital Assets

Equitable Distribution refers to the division of marital assets in connection with a divorce proceeding. First, it must be determined what, if any, assets are subject to equitable distribution. There are certain assets that may be categorized as Separate Property as opposed to Marital Property. This is not always easy to define. As a general rule, however, marital assets are defined as those assets that accumulate between the date of the parties marriage and day one of the parties? commencement of the divorce proceeding. Secondly, the method of distributing the Marital Property must be determined. Interestingly enough, equitable distribution in New York State does not necessarily mean an ?equal? division of the assets. There are a multitude of factors that can affect how the assets are distributed, including the length of the marriage, the contribution of each party to the accumulation of assets, and marital waste. Our firm will guide you through the process of determining what assets are to be divided and how those assets should be divided.

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