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Equitable Distribution

Manhattan Equitable Distribution Lawyer

Reliable Legal Advocacy for Your Divorce in Manhattan, Queens & Brooklyn

During a divorce, one of the most contentious issues is the division of marital property. As an equitable distribution state, New York requires that spouses divide their assets, property, and debts on a fair and equitable basis. At the Law Office of Julio E. Portilla, P.C., we can help you identify your assets and liabilities and then assist you in taking action to obtain a fair settlement.

Contact our Manhattan equitable distribution attorney today at (917) 909-6166 for a free consultation.

The Types of Property in a Divorce

In New York, a married couple’s property falls under one of two categories: separate property or marital property.

The distinctions between each type of property include:

Separate Property

This refers to those assets that one spouse held before the marriage, certain inheritance or gifts obtained during the marriage, compensation awarded for a personal injury, and items that are protected in a prenuptial or postnuptial agreement. The increase in the value of the separate property will also remain solely the one spouse’s property, unless the other spouse made contributions that resulted in that appreciation.

Marital Property

This refers to all other assets that have been acquired by the spouses during the marriage. This includes, but is not limited to, the income earned by each spouse, property that was purchased using either spouse's income, retirement benefits accrued during the marriage, and appreciation of marital property.

What Property Gets Divided?

During a divorce, each spouse keeps his or her separate property. The marital property will need to be divided equitably among each spouse. While couples are encouraged to work out an agreement concerning the division of their marital property on their own, some will need to have their matter decided for them by a judge. In either case, the goal is that the assets would be divided in such a way that meets both spouses' needs.

Factors in Determining What Is Equitable

When a divorcing couple appears before a judge for an order concerning the division of their property, they can expect a decision that is equitable. That, however, does not necessarily mean an equal split. The process of determining what is most fair is much more complex than dividing assets 50/50 among the spouses.

The court will take several factors into consideration when determining a fair division of marital property, including the following:

  • Age and health of each spouse
  • Length of the marriage
  • Whether or not alimony has been awarded
  • Type of marital property (liquid or non-liquid)
  • The foreseeable future financial situation of each spouse
  • Tax consequences for each party
  • The custodial parent’s need for living in the family home
  • Any financial irresponsibility on the part of either spouse
  • Evidence of the transfer of marital assets in case of divorce

Because a judge has considerable latitude in deciding which spouse gets what assets, it is important to have a skilled divorce lawyer on your side who can advocate for the property you need and deserve. Although we strive to help couples reach a mutual agreement on their own, we are willing to fiercely litigate on your behalf in the courtroom.

Ensuring Your Fair Settlement

You deserve to have the best life-after-divorce possible. Your quality of life can be drastically impacted by achieving a fair division of property settlement. The Law Office of Julio E. Portilla, P.C. is here to help you protect your rights and interests.

Call (917) 909-6166 today to request a free consultation with our Manhattan equitable distribution attorney to discuss the right path forward.

What Sets Us Apart?

The Difference is Clear
  • High-Quality Representation

    The majority of the firm's clients are referrals. This is a testament to their faith in Attorney Portilla's ability to provide the best legal counsel and advocacy.

  • Accessible

    When you hire Attorney Portilla you can count on transparent communication regarding your case and fast response times on all questions!

  • Convenient

    For your safety and convenience, The Law Office of Julio E. Portilla, P.C. offers phone and video consultations as well as same-day appointments.

  • Multilingual

    The team at The Law Office of Julio E. Portilla, P.C. is multilingual and serves its clients in English, Spanish and French.

  • Personalized Attention

    Attorney Portilla takes the time to listen, walk you through the process, and create a personalized strategy for your case.

  • Courtroom Experience

    Attorney Portilla is a proven litigator who has vast experience handling various cases types in a courtroom successfully.

Meet Our Dedicated Attorney Julio E. Portilla

"I will fight to protect your legal rights under the law."

Stories from People We have Helped 

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