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DIVORCE AND & FAMILY LAW ATTORNEYS

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Welcome to the Spodek Law Group - a premier, and top rated, divorce law firm.





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" Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them..."

David Bruce

" Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet."

Rowlin Garcia

" Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind."

Francis Anim
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Divorce is a trying time for any couple going through that process. The matter is complicated further by the intricacies involved in deciding how to split their property. Marriages unite a couple both in love and in possessions. Getting to decide what each is entitled to in a divorce settlement, can prove problematic. It is best to hire a property division attorney to help navigate through this murky process.

Most states adopt a community-based property division formula that distributes the marital property equally to each spouse. Each party to the divorce gets half of all assets obtained together during their marriage. In New York, however, the approach is different. Being an Equitable Distribution State, the matrimonial property is thus divided based on several factors with the aim of an even split.

The Equitable Distribution Principle

Ideally, couples ought to agree on how best to split their property. The emotional situation at that time may prove difficult for such decisions to be arrived at amicably, and thus the need to involve the courts of law through Long Island property division lawyers. During the divorce, the courts accept written separation agreements on the division formula of the matrimonial property. Without such an agreement, the courts divide the property for the couple.

If you and your spouse opt to have a separation agreement, here are a few steps to get you started in drafting one.

1. Make a List of your Possessions

This move requires honesty. As a couple, you should be willing to detail all your possessions. The list should include property owned by individuals including the total assets accumulated during your marriage life. This gives a clear picture of the total assets in question.

2. Valuation of Property

You could consider hiring the services of an expert to give an actual estimate of your property. This will be helpful at the division stage.

3. Deciding on the Ownership of your Property

Mutual consent at this stage is essential. Keeping a record of the divided property with a value attached is important in giving a picture of what each spouse accumulates.

4. Finalize with a Judge’s Approval

The final step after agreeing on the division involves all parties signing the document and present it to a judge for adoption.

Understanding Separate and Matrimonial Property

All the properties the couple accumulates may be divided into two categories, the separate and the matrimonial property. Separate property refers to all assets acquired before the nuptials. The law also provides for any assets acquired individually as a gift, or inheritance except those received from the other spouse as separate property. Assets categorized as separate in a prenuptial agreement are also classified as separate property. The matrimonial property, on the other hand, includes all property earned or purchased during the marriage. Under the equitable distribution, the courts only allow marital possessions to be divided equitably between the two parties regardless of the name under the title.

A legal exemption to the equitable distribution principle provides for certain cases where separate wealth may be considered as part of the assets to be split. Such a case is that which involves any increase in the value of different assets owing to the efforts of a spouse. In such a situation, the courts put into account issues that revolve around improvements made to the property by a spouse, or an exchange of the property in question for another of a higher value by another spouse.

Factors Considered In the Division of Property

Some considerations influence the court’s decision in the division of property for an equitable division to be achieved. The court takes into account all matrimonial assets or liabilities and assigns them to each spouse based on a specific set of considerations. They include,

1. Spousal Attributes

The courts put into account the age of each spouse age, their income, and health.
2. Matrimonial Assets

Financial possessions, future financial situations, and potential earnings form part of the division assessment. The court further factors in the contribution of each spouse to the marriage, whether it was in the capacity of a homemaker or as a financial contributor. In the court’s eyes, both are treated as the same.

3. Custody

One of the eventualities of divorce proceedings is the custody battle. Whoever wins the custody over their kids, he/she stands to get a larger share of the matrimonial assets, top among them, the family home.

4. Wastage of Matrimonial Assets

Wastage encompasses issues like transferring or selling property in anticipation of a divorce or the use of the matrimonial property to finance an affair. The spouse found to have committed such an action is penalized during the division process.

5. Spousal Obligations

Insurance benefits to be lost as a result of the divorce, tax consequences of each party, as well as other requirements, are factored in the division.

The ultimate decision of the court leads to a fair distribution of the property having factored in all the aspects of the spouse’s lives. Therefore, it is important to consider hiring a property division attorney during the process.


Based on 362 reviews.
Charle Butler
Charle Butler
2021-03-12
Verified
I was hesitant to hire the Spodek Law Group. I read reviews and knew they have a great reputation. However, I thought I would spend money and not see or speak to my attorney. From the beginning to end of my case Todd and the entire staff were available and willing to help. We worked towards and end result that was way above my expectation and Todd delivered. I am forever grateful for patience and long days and night spent working on my case. Thanks Todd and the entire team!
Mesonista parsons
Mesonista parsons
2021-03-05
Verified
My attorney at Spodek was Abigail. She was very knowledgeable and helpful with all my questions and concerns, as well as responsive. Her fees are affordable and Abigail took the time to make sure I understood everything relating to my case. I highly recommend Abigail and will request her services in the future.
debabrata chakraborty
debabrata chakraborty
2021-03-03
Verified
Todd A Spodek is the experienced and best criminal lawyer at USA. He is very professional and always respond on time. Alex also very cooperative and always help me. They took care me and my problem like family member. I am 100% satisfied for their professional service. My result was unexpected and amazing. They dismissed my case. I am really grateful to them. I will recommend you to go there if you want to solve your problem. I wish all the best for them.
Asata Hendricks
Asata Hendricks
2021-03-02
Verified
Truly appreciate the work the guys did!. Exceptional team & I know they care about each and everyone of their clients. I am super thankful to be referred to Spodek Law Group and I am grateful Todd & Alex were able to work diligently to achieve an outcome I am pleased with. Despite COVID they stayed on top of things and kept me informed every step of the way. Very thankful.
Mike Moroff
Mike Moroff
2021-02-26
Verified
I'm very satisfied with the services rendered by Todd, Alex and Mary Lou. I whole heartedly recommend Spodek Law Group . I've worked with and have retained other attorneys in the past with Todd's firm being the cream of the crop for many reasons. A very serious legal matter was resolved after a year's hard work and effort. Todd expertly guided me through the process and was able to navigate and make the good journey bearable as well as successful. Mary Lou initially provided excellent assistance before referring my case to Todd. Alex's support was effective and timely. The customer portal (MyCase) is an invaluable communication tool that also kept track of my case. Various aspects of my case were explained and there were several options provided but I made the final decision of how the case would be handled. The legal fee was reasonable considering the effort and amount of work plus it was a flat fee regardless of the length of time required to conclude my case. Todd made himself available to me and we had many scheduled meetings to go over the progress and to discuss the next steps. I felt more confident after many discussions with him. You will not go wrong choosing Spodek Law Group for legal matters.
Josh Katz
Josh Katz
2021-02-24
Verified
Being that it was the first time that I was in need of an attorney, I was afraid and hesitant and knew I needed the absolute best. It is beyond understood why Spodek Law Group has a reputation of being the top, if not the best law firm in New York. Alex and Abigail were there every step of the way even at the most unconvenient hours. I could not have asked for more. They are extremely good at what they do and they delivered much much more than just winning my case. A big thank you to Alex and Abigail for all the guidance and counseling and their upmost loyal support that extended far more than just legally. If you need the absolute best than don't hesitate to hire Spodek Law Firm.
L.C.
L.C.
2021-02-24
Verified
I cannot tell you how thankful I am to Todd and Alex for their hard work and dedication to my case. I had never been in any trouble before but I had an unfortunate event occur and in the midst of COVID-19 at that therefore I knew I needed a team that was dedicated to my success. Today- my case has been finalized and I’m walking away with no record and can continue life as a mother and a Grad student worry free. I cannot express enough gratitude for their assistance.
AnnMarie Soliman
AnnMarie Soliman
2021-02-23
Verified
I received a summons and called Spodek law group for a free consultation. Alex took my call and was very quick and responsive. He was available anytime through multiple platforms and very reassuring when needed. They are extremely organized and thorough. They got my case dismissed! I’m very grateful. Thank you Alex and Todd!

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Testimonials

Spodek Law Group have offered me excellent support and advice thru a very difficult time. I feel I've dealt with someone who truly cares and wants the best outcome for you and yours. I'm extremely grateful for all the help Spodek Law Group has offered me. I can't recommend them enough.

~ David Bruce

Spodek Law Group was incredibly professional and has given me the best advice I could wish for. They had been helpful and empathetic to my stressful situation. Would highly recommend Spodek Law Group to anyone I meet.

~ Rowlin Garcia

Best service I ever had. Todd is absolutely class personified. You are in the safest hands with spodek. They have their clients interest in mind.

~ Francis Anim

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