Property Division

NYC Property Division Lawyer

Strategic Asset Protection in Equitable Distribution

$50M+
Assets Protected
85%
Settlement Rate
300+
Complex Cases
25+
Years Experience

Strategic Property Division in NYC Divorces

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.

Marital vs. Separate Property

Marital: Assets acquired during marriage
Marital: Income earned during marriage
Marital: Retirement benefits earned during marriage
Separate: Pre-marital assets
Separate: Inheritances and gifts to one spouse
Separate: Personal injury awards

Equitable Distribution Factors

  • Length of the marriage
  • Age and health of both parties
  • Income and property at marriage and divorce
  • Need for custodial parent to remain in marital home
  • Loss of inheritance and pension rights
  • Tax consequences of property division
  • Wasteful dissipation of assets
  • Contributions as homemaker
  • Direct or indirect contributions to career/education
  • Future financial circumstances

Complex Assets We Handle

Business Interests

Valuation and division of closely-held businesses

Real Estate

Multiple properties, commercial holdings, investments

Retirement Assets

401(k)s, pensions, IRAs, deferred compensation

Stock Options

Vested and unvested options, RSUs, equity compensation

Property Division Process

1Asset Discovery

Identify all marital and separate property

2Valuation

Professional appraisals and financial analysis

3Classification

Determine marital vs. separate property

4Negotiation

Strategic settlement discussions

5Distribution

Transfer assets per agreement or court order

Hidden Asset Red Flags

Sudden decrease in income
Unexplained cash withdrawals
Offshore accounts or trusts
Overpaying taxes for refunds later
Delaying bonuses or raises
Creating fake debts

Protecting Your Financial Future

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.

Special Considerations

  • Professional practices and licenses
  • Intellectual property and royalties
  • Cryptocurrency and digital assets
  • Art, jewelry, and collectibles
  • Country club memberships
  • Frequent flyer miles and rewards points
  • Pet custody arrangements
  • Debt allocation and responsibility

Frequently Asked Questions

What is equitable distribution?

Equitable distribution means marital property is divided fairly based on various factors, not necessarily 50/50. Courts consider contributions, future needs, and other circumstances.

Is my spouse entitled to my inheritance?

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.

How are retirement accounts divided?

Retirement benefits earned during marriage are marital property. Division requires a Qualified Domestic Relations Order (QDRO) to avoid taxes and penalties.

What if my spouse is hiding assets?

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.

Ready to Protect Your Rights?

Get experienced legal representation from NYC's premier divorce attorneys

SPODEK LAW GROUP

TREATING YOU LIKE FAMILY SINCE 1976

HOW CAN WE HELP YOU?

24/7 Free Consultation • No Obligation Case Review

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