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Equitable Distribution

At The Blanch Law Firm, our experienced New York divorce attorneys have in-depth knowledge of family and divorce law, including issues regarding equitable distribution of property and assets.  We counsel and advise people considering divorce, to let them know exactly what their options are, as well as potential outcomes of their particular divorce.  Our primary responsibility and goal is to serve the best interests of our clients, which may include researching the best avenue to distribute assets.

Distributing high value assets requires a knowledge legal counsel.  Equitable distribution of property and assets requires the kind of sophisticated legal knowledge and exceptional negotiating skills our attorneys possess.  The Blanch Law Firm is comprised of attorneys who have a keen eye for contracts and who are determined negotiators.

Equitable Distribution in New York

Our team of seasoned divorce lawyers worked on marriages over the years that included the equitable distribution of property and assets of high net worth.  It’s important to note that the term “equitable distribution is slightly misleading, as it does not mean “equal distribution” of property.  Rather, the term means property must be distributed equitably between the parties, considering the circumstances of the case and of the respective parties.

Executives, those with large inheritances and families with trust funds seek out the legal counsel of The Blanch Law Firm because our background and track record is unmatched.  We understand the delicate nature of a divorce, especially for those in high-ranking or high-visibility positions.  Dividing up years of shared property, such as homes, vacation houses, apartments, automobiles and more can be a hardship because of the emotional value placed on certain things.  Assets, such as stocks, mutual funds, 401k’s and other financial investments, may also be a challenge due to shared ownership issues.  Our attorneys have a background in government law, giving them a unique insight into each side of a divorce, as well as taxation issues, such as estate taxes and capital gains taxes.

For example, New York is known as an “Equitable Distribution State,” meaning that upon dissolution of marriage, the court must distribute equitably all marital property.  This is the case regardless of how the property is held.  This being the case, it’s important to have New York divorce attorney who can investigate:

  • Pre-marital income of each party
  • Property ownership of each party at the time of marriage
  • Age and health of both parties
  • Need of custodial parent to occupy or own marital residence
  • Need of custodial parent to use or own household effects
  • Inheritance rights and value
  • Pension and 401k rights
  • Liquid or non-liquid value of all marital property
  • Future financial circumstances
  • Tax consequences of each party
  • And much more

What Property is Subject to Equitable Distribution?

A New York divorce attorney can help you protect your assets and your financial future by investigating what property and assets are and are not subject to equitable distribution.  For example, any business, professional practices and enhanced earning capacity involving your career or profession is considered “property” and is subject.

Also subject are:

  • Property acquired by either party during marriage
  • Property/assets not specifically covered under any prenuptial or other pre-marital agreement
  • Increase in value of property

Contact The Blanch Law Firm

To speak with a family law attorney about your divorce concerns, Contact The Blanch Law Firm by calling (877) DIV-ATTY to arrange an initial consultation.

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