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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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Marriage is a norm in our society, but so too is divorce. According to the most recent census data as of 2018, about 39 percent of all marriages, unfortunately, end in divorce. One problem that often appears when people divorce is their property and how it’s divided. Read on to learn more about property division in divorce.

Understanding Property Division

Deciding who gets what during a divorce can be challenging even if the divorce decision made by you and your spouse was amicable. Many married couples have a significant amount of property or assets, after all, including homes, bank accounts, pension plans, automobiles, businesses, and even beloved family pets. Consider the following:

  • The list of what constitutes property during a divorce can be endless.
  • Figuring out a fair method for dividing property during your divorce is vital.
  • Special note: Contentious divorces make the task of dividing up property even more difficult.

Separate and Marital Property

There are usually two property types you and your spouse own. In divorces, states closely examine the property included in any filing and classify it as either separate property or marital property.

Separate Property

Though each state treats the two kinds of property differently in some of their details, we can generally say that separate property includes:

  • Any property that was owned by either your or your spouse before you were married.
  • Inheritances received by either you or your spouse, both before and after you were married.
  • Individual gifts received by you or your spouse that came from a third party, such as your mother giving only you her treasured antique jewelry.
  • Any payments you or your spouse individually received as part of the pain and suffering portion of a personal injury lawsuit.

Commingled Property Concerns

Beware, though, because most states may consider any property you and your spouse “commingled,” after you married each other, to be marital property. Here’s an example of how once-separate property becomes commingled property:

  • You owned a condo by yourself before you married your spouse.
  • Upon your marriage, you added your spouse to the title as a co-owner.
  • You have now commingled your once-separately-owned condo and made it marital property owned by you and your spouse.

It’s easy to unwittingly create a commingled property from the property you once owned separately, too. Suppose you received a cash inheritance. Next, you take that cash and deposit it into a joint account owned by you and your spouse. Once you’ve placed that money into your joint account, you’ve also commingled it and converted it into marital property.

Marital Property

Outside of clearly separate property you or your spouse own, all other property acquired once you were married is typically treated as marital property. It also matters little whether you or your spouse own that property only in your names or even how it’s titled. If you acquired property during your marriage and it’s not legally separate, it’s marital property. As we know, marital property is subject to a state’s divorce and property division laws. Examples of marital property include, but aren’t limited to:

  • Pension plans, 401Ks, IRAs, and most any other retirement plan.
  • Deferred compensation, such as from an employer.
  • Stock options and other equity in a company.
  • Bonuses and commissions.
  • Annuities and life insurance.
  • Bank accounts.
  • Cars, boats, RVs, art, antiques, and so forth.
  • Tax refunds.
  • Even family pets (they can be a source of real friction between divorcing couples, too).

Community Property States

Whether you live in a community property state or an equitable distribution state is also a key factor in how a state will divide up your property if you divorce. Currently, there are nine community property states:

  • Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.

Community property states typically consider both spouses in marriage equal owners, usually on a 50-50 basis, of all marital property. If, for example, you own a $500,000 home, you and your spouse will divide it equally during your divorce.

Equitable Distribution States

All non-community-property states are classified as equitable distribution states when it comes to divorce and property division. These states try to fairly and equitably distribute marital property. For example, these states frequently consider each spouse’s financial situation when they divide up their property. Property division factors include:

  • The marriage’s length.
  • The property and income each spouse brought to the marriage.
  • The standard of living of the couple during the marriage.
  • The age, physical, and emotional health of each spouse.
  • Whether children or involved, and the needs of the custodial parent.

Seek an Attorney

As you can see, property division in divorce is often extremely complicated. Factors include the state in which you and your spouse file for divorce. Also, the type and kind of property you and your spouse own may affect how your state will divide it between you. Finally: It’s rarely advisable to handle a divorce on your own, and you should always seek the advice of a qualified attorney before beginning one.


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

Spodek Law Group

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