At
The Law Firm of Wayne F. Crowe, Jr., P.C., our clients often asks us whether community state property laws will
affect their
divorce case. However, only nine states in the country abide by community property
guidelines, and New York is not one of them.
Community Property vs. Equitable Distribution
In community property states, property acquired throughout the duration
of a marriage is considered to be jointly owned by each spouse and is
divided equally in the event of a divorce. On the other hand, equitable
distribution seeks to divide marital property in a fair manner, but is
not necessarily equal.
In New York, the equitable distribution of property during divorce involves
a variety of factors, such as:
- Each spouse’s income and property upon marriage and when they filed
for divorce
- Duration of marriage
- Each spouse’s age and health
- Heath insurance, pension, and inheritance rights either spouse will lose
due to the divorce
- Whether alimony has been awarded by the court
- The probable future financial circumstances of each spouse
- The need of the parent with custody to live in the family home
- The liquid or non-liquid character of all marital property
- Tax consequences of each spouse
- Whether a spouse fraudulently transferred property in anticipation of divorce
- Whether one spouse wasted the couple’s assets
An equitable distribution in New York is much more complicated than a simple
50/50 split. Our Bronx divorce attorney can help you determine how equitable
distribution may affect the outcome of your divorce and ensure that you
obtain a fair settlement.
For more information,
contact our Bronx divorce lawyer at The Law Firm of Wayne F. Crowe, Jr., P.C. today.