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Equitable Distribution of Property

Equitable Property Distribution

Division of assets

Marital property: any and all assets acquired and liabilities incurred during marriage. Examples of marital property include:

  • The marital home and vacation homes
  • Stocks and bonds
  • Automobiles
  • Bank accounts
  • Investment accounts
  • Home furnishings
  • Timeshares
  • Retirement funds
  • Pensions and annuities
  • Businesses

When you divorce or separate from your partner, those assets are legally subject to equitable distribution. A court will divide marital property when a couple can’t reach an agreement of their own. Courts will distribute these assets fairly and equitably, but whether a couple determines it to be an equal split may vary.

At Mark Weaver Law, I ensure that the rights of my New York City clients are upheld during the division of marital property. A breakup is tough enough; it shouldn’t financially disadvantage you, too. As your family law attorney, I make certain that your marital property and debt are divided 

Protecting your assets

Before the property is actually distributed, all of the couple’s assets are evaluated and classified: marital (acquired during marriage, available for distribution) or separate (acquired prior to marriage, exempt from division). Qualified by my extensive knowledge of New York’s equitable distribution laws, I can distinguish property as either marital or separate.

In addition, I adeptly trace commingling of separate assets with marital, prevent unfair distribution, and ensure that nothing is overlooked in the final account. I will ensure the court has all the information it needs to fairly divide your assets.

Courts base property division on multiple factors, including:

  • The financial situations of each spouse
  • The degree to which each spouse contributed to the acquisition of marital property
  • The future needs and liabilities of each spouse

Pursuing favorable results

As with all cases, I strive to make the stressful matter of division into a calm, positive resolution of assets. While I am fully equipped to negotiate and mediate in property division cases, my experience has proven to me that property division is one of the most contentious issues in divorce. Should you and your spouse be unable to agree on the division of your assets, Mark Weaver Law will stand with you in court, advocating for your rights.

Contact Mark to discuss your case

Mark Weaver Law represents clients throughout New York in cases involving the equitable distribution of their marital property and debts. Call Mark at (646) 331-3686 to schedule a consultation.

Due to the pandemic, all consultations are being conducted virtually, via Zoom, Google Meet, or Jitsi, until further notice.

If you are unemployed or underemployed due to COVID-19, please inquire about a discount.