Equitable Distribution in Divorce in New York
Divorce is never just a personal or emotional matter—it’s also a legal and financial process that will affect your future long after your marriage ends. One of the most significant legal issues you’ll face is the division of property. In New York, this process follows a principle known as equitable distribution, which requires careful documentation, financial transparency, and strategic legal representation.
At Angiuli & Gentile, LLP, we offer skilled, compassionate, and strategic guidance for clients facing divorce. Whether you’re concerned about protecting your home, retirement accounts, business interests, or inherited property, our attorneys are equipped to help you achieve a fair and legally sound division of assets.
Understanding Equitable Distribution in New York
What Does “Equitable” Really Mean?
In equitable distribution states like New York, property acquired during the marriage is not automatically split 50/50. Instead, the court looks at what is fair under the specific circumstances of the marriage. One spouse may receive a greater share of certain assets, while the other may receive offsetting property or financial support.
The goal is fairness, not equality—and fairness can be subjective. That’s why you need an experienced legal team to make sure your contributions, needs, and rights are fully recognized and defended.
Marital Property vs. Separate Property
Understanding which assets are subject to division is a crucial first step in the equitable distribution process.
What Is Marital Property?
Marital property includes almost all property acquired by either spouse during the marriage, such as:
- Salaries and wages earned during the marriage
- Real estate acquired together or individually while married
- Retirement savings accumulated during the marriage
- Investment accounts, stocks, and mutual funds
- Business ventures developed during the marriage
- Vehicles, furniture, and jointly acquired possessions
What Is Separate Property?
Separate property is generally not subject to division and includes:
- Property owned by a spouse before the marriage
- Gifts or inheritances received by one spouse individually
- Personal injury settlements awarded to one spouse
- Property kept separate and not commingled with marital assets
What Happens with Commingled Assets?
Assets that were originally separate but later mixed with marital assets can become subject to equitable distribution. For example, using inherited money to renovate a jointly owned home may convert that inheritance into marital property.
Our legal team will work with financial experts to trace and document asset histories to help ensure that your separate property remains protected.
High-Net-Worth Divorce and Complex Asset Division
Divorces involving significant assets or complex financial holdings require a higher level of legal and financial sophistication. At Angiuli & Gentile, LLP, we frequently represent clients in high-net-worth divorces, where the asset division process is particularly intricate and contentious.
Common High-Value and Complex Assets Include:
- Multiple real estate properties and investment homes
- Closely held businesses or professional practices
- Stock portfolios and vested/unvested stock options
- Executive compensation packages
- Offshore accounts or foreign assets
- Pensions, 401(k)s, IRAs, and other retirement vehicles
- Cryptocurrency and digital assets
We collaborate with:
- Forensic accountants to identify hidden or undervalued assets
- Business valuation experts to assess privately held companies
- Pension evaluators to determine present and future value of retirement accounts
- Tax consultants to calculate post-divorce tax implications
Our priority is to ensure that every asset is accurately identified and valued, so the final division reflects true financial equity.
Valuation of Marital Assets
An equitable division of property cannot be achieved without knowing what the property is worth. Valuation is a foundational step in complex divorces and often requires expert testimony and documentation.
Types of Valuation We Assist With:
- Real estate appraisals for marital homes and investment properties
- Business and professional practice valuations
- Actuarial assessments for pensions and retirement accounts
- Valuation of collectibles, antiques, or luxury assets
- Assessment of financial instruments, such as stock options or RSUs
Inaccurate valuations can severely harm your post-divorce financial stability. Our attorneys ensure the valuation process is thorough, defensible, and fair.
How New York Courts Determine What’s Fair
New York law provides a list of factors that courts may consider in determining how to divide property equitably. These are not rigid formulas; rather, they allow the judge to consider the unique dynamics of your marriage.
Key Factors Courts Consider:
- Duration of the marriage
- Each spouse’s income and future earning potential
- Age and health of each party
- Contributions as homemaker or stay-at-home parent
- Wasteful dissipation of marital assets
- Future financial needs of each spouse
- Tax consequences of asset distribution
- Need for custodial parent to remain in family home
By building a legal strategy around these factors, we help you maximize your share of marital property while maintaining long-term financial security.
Division of Specific Asset Types
Some assets are more complicated to divide than others. Our firm has deep experience handling special asset classes that require technical and legal precision.
Real Estate
We assist clients in the division of:
- Marital homes
- Vacation properties
- Rental or income-producing properties
- Real estate held through trusts or LLCs
We evaluate whether one spouse should retain the property, whether it should be sold and the proceeds divided, or if a buyout arrangement is appropriate.
Retirement Accounts and Pensions
Retirement assets require special attention due to legal and tax consequences. We assist with:
- Preparing and reviewing QDROs
- Determining the marital vs. separate portion of retirement savings
- Working with pension administrators to ensure compliance
Business Interests
Dividing a business involves more than assigning a value—it also includes operational considerations, cash flow, and whether the business can continue post-divorce. We help:
- Value the business or practice
- Evaluate whether one spouse should buy out the other
- Protect non-owner spouses’ rights to business growth during the marriage
Inheritances and Gifts
If you’ve received a gift or inheritance during the marriage, you may have to prove it’s separate property to avoid division. We help trace and document these assets for protection.
Enforcing Fairness: What If You Disagree With the Division?
Disputes about property division are common in divorce. If you and your spouse can’t agree, the court will make the decision for you. However, there are tools available to help resolve disagreements without lengthy litigation.
Dispute Resolution Options:
- Negotiated settlements through your attorneys
- Mediation, where a neutral party helps facilitate agreement
- Collaborative divorce, which encourages out-of-court solutions
- Litigation, where we aggressively advocate for your interests in court
Our firm is prepared to guide you through whichever process best fits your needs and goals.
Legal Strategies to Maximize and Protect Your Share
Your financial future depends on getting this right. Our attorneys use customized strategies to help you:
- Prove contributions to asset growth
- Classify and trace separate property
- Advocate for spousal buyouts
- Identify hidden assets or offshore accounts
- Minimize tax liability from property transfers
- Avoid common mistakes in commingling or asset valuation
We take a proactive approach to reduce risk and position you for a stable post-divorce future.
Frequently Asked Questions
Can I keep my house after the divorce?
Yes, if it’s financially feasible and part of an equitable resolution. You may need to buy out your spouse’s share or offset it with other assets.
What happens to our shared retirement accounts?
They will be divided based on the marital portion, typically through a court-approved QDRO. We handle all documentation to protect your legal rights.
Do I have to share property I owned before the marriage?
Generally, no. But if it was commingled or used to purchase marital assets, it may become subject to division. We’ll help prove what should be treated as separate property.
What if I think my spouse is hiding money?
Our firm works with forensic accountants and uses legal tools to investigate and uncover concealed or misrepresented assets.
Is equitable distribution the same as 50/50?
No. It means fair, not necessarily equal. The court looks at many factors to determine a fair division based on the totality of the circumstances.
Why Clients Choose Angiuli & Gentile, LLP
At Angiuli & Gentile, LLP, we combine extensive legal knowledge with practical, strategic guidance tailored to your financial goals. Clients choose us because we provide:
- Experienced legal counsel in equitable distribution and divorce law
- Sophisticated asset handling, including high-net-worth and business cases
- Thorough communication and case updates
- Proven results in and out of the courtroom
- Respect for your time, priorities, and emotional well-being
We have earned a reputation for fighting hard—and smart—on behalf of our clients, ensuring they walk away from divorce with dignity and security.
Contact Angiuli & Gentile, LLP Today
Don’t leave your financial future to chance. If you’re preparing for divorce or already involved in proceedings, let the attorneys at Angiuli & Gentile, LLP guide you through the equitable distribution process with confidence.
We will answer your questions, protect your rights, and pursue a resolution that sets you up for long-term stability and peace of mind.
Contact Angiuli & Gentile, LLP today to schedule a confidential consultation.
