New York follows equitable distribution laws, meaning marital property is divided fairly but not necessarily equally. Our experienced attorneys protect your financial interests through strategic negotiation and comprehensive asset analysis to ensure you receive your fair share. Property division is often the most financially significant aspect of divorce, determining your economic future for years to come. With stakes this high, you need attorneys who understand not just the law, but also complex financial instruments, business valuations, tax implications, and negotiation psychology. We bring decades of experience handling divisions ranging from modest estates to ultra-high-net-worth portfolios exceeding $100 million. Our strategic approach begins with thorough asset discovery, employs sophisticated valuation techniques, and culminates in creative solutions that maximize your financial security while minimizing tax consequences and transaction costs.
The distinction between marital and separate property forms the foundation of asset division in New York divorces. This classification determines what gets divided and what remains with each spouse. However, the lines can blur when separate property is commingled with marital assets or when marital funds improve separate property. Our attorneys meticulously trace asset origins and document property classifications to protect your separate property while ensuring fair division of marital assets.
These factors guide judges in determining what constitutes a fair division of marital property. Each factor carries different weight depending on your specific circumstances. For example, a longer marriage typically results in more equal distribution, while significant income disparities might justify unequal division. Our strategic approach involves highlighting factors that support your position while addressing potential weaknesses. We build compelling arguments that demonstrate why your proposed distribution serves equity and justice.
Valuation and division of closely-held businesses
Multiple properties, commercial holdings, investments
401(k)s, pensions, IRAs, deferred compensation
Vested and unvested options, RSUs, equity compensation
These sophisticated assets require specialized valuation expertise and strategic handling. Business interests must be valued considering both current worth and future earning potential. Real estate portfolios need assessment of market conditions and tax implications. Retirement assets involve complex calculations of present values and future benefits. Stock options require analysis of vesting schedules and market volatility. Our network of valuation experts ensures accurate assessment and optimal division strategies for even the most complex holdings.
Identify all marital and separate property
Professional appraisals and financial analysis
Determine marital vs. separate property
Strategic settlement discussions
Transfer assets per agreement or court order
This methodical process ensures no asset is overlooked and all property is properly valued and divided. Discovery often reveals assets that one spouse was unaware of, while professional valuations prevent unfair distributions based on incorrect values. Strategic negotiation allows for creative solutions that benefit both parties, such as trading assets of equal value but different characteristics. Our systematic approach maximizes your share while minimizing tax consequences and transaction costs.
These warning signs often indicate attempts to hide marital assets from division. When spouses suspect their financial pictures are incomplete, forensic investigation becomes crucial. Our investigative team excels at following paper trails, analyzing spending patterns, and uncovering sophisticated concealment schemes. Courts take asset hiding seriously and often award the innocent spouse a greater share of discovered assets as punishment for the deception. Protecting yourself requires vigilance and experienced legal counsel who knows where to look and what questions to ask.
Property division sets the foundation for your post-divorce financial life. Our attorneys combine forensic accounting expertise with aggressive advocacy to uncover hidden assets, properly value complex holdings, and secure your rightful share of marital property.
These special assets often carry unique valuation challenges and division complexities. Professional practices may have restrictions on ownership transfer. Intellectual property requires assessment of future royalty streams. Digital assets need secure transfer protocols. Collectibles require expert appraisal and consideration of market liquidity. Even seemingly minor assets like rewards points can have significant value. Our comprehensive approach ensures every asset receives appropriate consideration, protecting your interests across all categories of property.
Equitable distribution means marital property is divided fairly based on various factors, not necessarily 50/50. Courts consider contributions, future needs, and other circumstances.
Generally no. Inheritances are separate property unless they were commingled with marital assets or used for marital purposes, which could convert them to marital property.
Retirement benefits earned during marriage are marital property. Division requires a Qualified Domestic Relations Order (QDRO) to avoid taxes and penalties.
We use discovery tools, forensic accountants, and private investigators to uncover hidden assets. Courts can penalize spouses who hide assets by awarding a greater share to the innocent party.
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