Property Division Lawyer in Buffalo
Is New York an Equitable Distribution State?
New York is an equitable distribution state, and that means that assets are divided equitably between the two parties. The focus here is to try to divide everything in a fair manner, and that doesn’t necessarily mean that the division will be equal between the two individuals. Marital property is the only thing divided, and separate property, such as property gained prior to the marriage, will not be included.
A judge will look at a number of factors when determining property division, such as:
- The length of the marriage
- If spousal maintenance is being awarded to either spouse
- The income of each spouse
- Age and health of both individuals
- Financial loss as a result of the divorce, such as health insurance or pensions
- Future earning ability of each side
- The value of all marital assets
- If the parent awarded custody needs the home to live in
Divorce Intelligence® & Property Division
Property division can be handled by a court, or couples can work with an attorney to do the divisions together. With our system of Divorce Intelligence®, we help you navigate a find a more peaceful and positive resolution to their marriage. This can include coming to an agreement about property division and working together rather than being at odds with each other. It is a great alternative to traditional divorce and provides a wealth of benefits to both parties involved, often including lower fees and faster resolution time.
Attorney DePrima is a versatile legal professional with more than 14 years of legal practice handling a variety of divorce issues, including property division. You can benefit from her experience working as an objective divorce mediator, zealous family law litigator, and compassionate co-parenting coach.
When a couple chooses to end their marriage, property and assets will need to be divided between them. This can be done by you and your spouse, or it can be taken to court where the judge will make a ruling. There are many factors to consider in these cases, and it’s important to have an established, dependable lawyer handling your case.
Many people feel the stress and emotions of these situations. It can be hard to think straight and they may make a decision they later regret, all because they were trying to get it over with quickly. Using a holistic understanding of family law issues, Attorney Gina Marie DePrima, Esq. from DePrima Law can look out for your best interests and help to ensure that you are receiving an outcome that works for you now and in the future. There are many details involved in property division and we can make sure that an error or lack of understanding doesn’t leave your shorthanded later.