New York, NY family law attorney Lisa Zeiderman talks about the factors that are considered in equitable distribution. In New York, equitable distribution is the process by which assets are divided fairly, though not necessarily equally, in divorce cases. Multiple factors influence this division. While a 50/50 split is common, particularly in longer marriages or where children are involved, the court assesses several factors to ensure a just outcome.

Key considerations include the length of the marriage, as longer marriages often increase the likelihood of an equal split. Other factors include the parties’ ages, health, and the value of assets at both the beginning of the marriage and at the time of division. Alimony or spousal support payments and the potential need for one party to remain in the marital home also play a role.

The court examines each party’s contributions to the family, such as child-rearing responsibilities, including care for stepchildren or children with disabilities. Separate property—assets brought into the marriage or inherited during it—is also considered, provided these assets were kept separate and can be clearly traced.

The court reviews all these factors, along with any other pertinent circumstances, to determine a fair division of assets in divorce proceedings.