Understanding Property Division During a Divorce in New York State (Long Island, Suffolk County)

Divorce is a challenging process, and one of the most complex aspects is the division of marital property. In New York State, including Long Island and Suffolk County, the division of assets is governed by the law of Equitable Distribution. This article aims to educate the community about how property is divided during a divorce, the factors that influence this process, and what to do if you were married in another country or state, but are seeking a divorce in New York.

What is Equitable Distribution?

New York follows the principle of Equitable Distribution, which means that marital property is divided fairly, but not necessarily equally. The court considers various factors to determine a fair distribution of assets and liabilities.

Factors Considered in Property Division

  1. Length of the Marriage: Longer marriages may result in a more equal distribution of property.
  2. Income and Property: The income and property each spouse brought into the marriage and their income at the time of divorce.
  3. Contribution as a Homemaker: Non-monetary contributions, such as homemaking and raising children, are considered.
  4. Health and Age: The physical and emotional health of both spouses can influence the division.
  5. Loss of Inheritance and Pension Rights: If a spouse will lose inheritance or pension rights due to the divorce.
  6. Future Financial Circumstances: Potential future financial situations of each spouse.

Marital vs. Separate Property

  • Marital Property: Includes assets acquired during the marriage, such as real estate, income, retirement accounts, and debts.
  • Separate Property: Includes assets acquired before the marriage, as well as, inheritances, gifts to one spouse and personal injury awards.

Property Division Process

  1. Identify Marital Property: Both spouses must disclose all assets and liabilities.
  2. Valuation: The value of marital property is determined through appraisals and financial statements.
  3. Distribution: The court divides the property equitably based on the aforementioned factors.

Although as stated above Equitable Distribution means a fair distribution of assets, not necessarily equal, the reality is that that the majority of New York courts in most cases will divide marital assets equally (50/50), especially in the case of a long term marriage, which is typically 10 years or more. The reasons for the divorce, whether infidelity or spousal abuse/domestic violence, have no impact of the Equitable Distribution of marital property under New York State law. However, such issues may impact custody and parenting time, provided there is a connection to the children of the marriage.

Divorcing in New York if Married in Another Country (or state)

If you were married in another country or state, but now reside in New York, you can legally file for a divorce in New York State. However, certain residency requirements must be met:

  1. Residency Requirements: At least one spouse must have been a resident of New York for a continuous period of one year, and:
    • The marriage ceremony took place in New York, or
    • The spouses lived in New York as a married couple, or
    • The grounds for divorce occurred in New York.

Seeking Legal Guidance

Navigating property division and meeting residency requirements for a divorce can be complex. It’s crucial to seek legal guidance from an experienced divorce attorney who can help you understand your rights and ensure a fair distribution of property.

Contact Our Experienced Divorce Attorneys

At Zimmer, Mathiesen & Associates, our award-winning divorce lawyers are dedicated to providing compassionate and effective legal representation. We understand the intricacies of property division and the unique challenges faced by those married abroad seeking a divorce in New York. Contact us today at [insert phone number] to schedule a consultation and learn how we can support you through this difficult time.

Understanding property division during a divorce in New York State, including Long Island and Suffolk County, is essential for anyone going through this challenging process. By knowing the factors considered in equitable distribution, the distinction between marital and separate property, and the residency requirements for divorces involving international marriages, you can better navigate your divorce with confidence. Trust the experienced attorneys at Zimmer, Mathiesen & Associates to guide you every step of the way.