Equitable Distribution (Property Division)
It does not take long for a couple to acquire a wide range of assets and debts during their marriage. You may have purchased a home, a car or other valuable personal property. You may have incurred debts during the marriage.
Regardless of the length of your marriage, this division of property can be complex. It can also be an emotional issue, especially if there is a marital home and you have children.
We can help. At Angiuli & Gentile, LLP, we are committed to providing our clients with the strong advocacy and compassionate support they need at every stage of a divorce. From our office in Staten Island, we can help you understand how property will be divided in your divorce, and we can protect your rights inside and outside of the courtroom.
Dividing Complex Assets Through Equitable Distribution
During a divorce in New York, all marital property will need to be divided. This includes any type of assets and debts that you acquired during your marriage. In New York, all marital property is divided equitably. “Equitably” does not necessarily mean “equally.” Equitable distribution is premised on what is fair. You’ll need a highly qualified attorney to help you determine which factors influence a fair division. At Angiuli & Gentile, LLP, we are equipped to protect your rights with regard to equitable distribution cases.
Some of the areas of equitable distribution that we can assist you with include:
- Business interests — When one or both spouses have an ownership interest in a business, it requires special care in the valuation of the business. We work with business valuation experts to understand the full value of the business, and we work diligently to determine what part of the ownership interest is marital and nonmarital. That way, our clients receive a fair and equitable share of the marital property in divorce.
- Retirement assets — If you or your spouse contributed to a retirement fund, 401(k) or pension, that investment may qualify as marital property and be subject to division. Our attorneys can help you determine which retirement assets qualify as marital property, and we can work to ensure that the assets are fairly divided. This includes filing qualified domestic relations orders (QDROs) to have retirement funds properly divided at a later date.
- Real estate, antiques and collectibles — Proper valuation is essential when dividing real estate and valuable personal property. Our firm will work to ensure each piece of marital property is fairly appraised by valuation experts.
In addition to dividing known assets and debts, we can also assist with finding hidden assets. We will work to ensure a fair division in your divorce, through any means necessary.