Property Division Attorney in New York, New York

What factors are considered in equitable distribution?

More In This Category

View Transcript

so equitable distribution which is how

are ass how assets are actually divided

in New York which means Equitable not

equal is very important because there

are several factors that are looked at

in order to divide the assets so we have

to remember yes usually if there are

children and it’s a longish marriage

it’s going to be 5050 for most of the

assets but the court will look at

various factors and when you’re

negotiating Your settlement you have to

be aware of those factors too because

they will influence how your settlement

is going to be actually um you know come

to fruition so it’s the length of the

marriage length of the marriage is very

important longer marriage you’re going

to probably get a higher percentage um

more likely that it’s going to be a 5050

split of most of the assets if not all

of the assets business assets as I’ve

said before are treated differently but

everything else basically 50/50 age of

the parties their health um those are

things that going to be looked at the

value of the assets and the value of the

assets when you came into marriage so

what did you come into the marriage with

and what is there now to divide that’s

something that’s going to be important

as well what alimony or spousal support

is being paid that’s going to be a

factor in this whether the spouse who is

actually receiving the equitable

distribution

um whether there’s a need for someone to

stay in the marital home that’s going to

be a factor whether somebody has

contributed what are their contributions

have they helped to raise um children

stepchildren um are their children with

disabilities all of those are going to

be factors and so the court looks at all

of these plus other factors in

determining equitable distribution

they’ll also look at separate property

is there someone who has come into the

marriage or has inherited separate

property

um meaning that is your property alone

you either came into the marriage with

it and you kept separate and apart and

you did not cingle it or you inherited

it during the marriage and you kept it

separate and apart and have traced it

and can identify it so these will all be

factors in equitable distribution

Contact Lisa Zeiderman

(212) 769-3500

See All This Lawyer's Videos

Visit Lawyer's Website

New York, NY family law attorney Lisa Zeiderman talks about the factors that are considered in equitable distribution. She remarks that equitable distribution in New York, which determines how marital assets are divided, is guided by fairness rather than strict equality. While a long-term marriage with children often results in a near 50/50 split of most assets, several factors influence the final outcome, and clients must understand these considerations when negotiating a settlement.

The court evaluates the length of the marriage, the age and health of the parties, and the value of assets brought into the marriage versus those accumulated during it. Alimony or spousal support obligations, the need for a party to remain in the marital home, and each spouse’s contributions—including raising children or stepchildren—are also relevant. Special circumstances, such as children with disabilities, may further affect the distribution.

Additionally, the court distinguishes separate property, which includes assets brought into the marriage or inherited and maintained as separate. Properly tracing and documenting separate property ensures it is not included in the marital division. All these factors collectively guide the equitable distribution process, ensuring that settlements reflect both fairness and the unique circumstances of each family.

Property Division Attorney in New York, New York

What factors are considered in equitable distribution?

Contact Lisa Zeiderman

More Videos From This Lawyer