Equitable Distribution

Resourceful representation on equitable distribution issues

New York State uses equitable distribution to determine the fair property distribution between divorcing spouses.  The property acquired and income earned during a marriage are generally subject to equitable distribution.  The attorneys of Schlissel Ostrow Karabatos, PLLC know that many factors come into consideration and we are here to ensure that your equitable distribution rights are protected. 

Equitable distribution determined through a cooperative process

Divorcing couples may agree upon property distribution when going through a divorce.  This can be done with an agreement a couple reaches through the means of negotiation, or mediation or collaborative law.  Our skilled divorce lawyers can assist you in resolving your equitable distribution issues and in ensuring that your settlement agreement protects you and accomplishes your goals.

Equitable distribution ruled by court

Our seasoned attorneys also represent your interests if you are unable to settle equitable distribution without the intervention of the court.  We are experienced in litigating the equitable distribution issues, including the following:

• Marital property.  This refers to all property acquired by one or both spouses during the marriage, and before the execution of a separation agreement, or the commencement of a matrimonial action.  It is not always so easy to determine what is marital property and subject to equitable distribution.  
• Businesses.  If you started a business during your marriage, the business's value and the increase in value may be subject to equitable distribution.
• Marital debt.  Debt can be subject to equitable distribution if it occurred during your marriage.
• Degrees or licenses.  The increased earnings resulting from a degree or license are subject to equitable distribution laws.
• Pensions.  All pensions — vested or unvested, matured or not matured, contributory or non-contributory — acquired during the marriage are subject to equitable distribution.
• Profit-sharing plans.  If this form of deferred compensation accrued during the marriage, it is subject to equitable distribution.
• Separate property, including:
  • Property acquired before marriage
  • Inheritance or gifts from someone other than the spouse
  • Personal injury compensation
  • The property considered separate according to a pre- or post-nuptial agreement between the spouses

Our attorneys help the court distinguish separate property from marital property.  We are also effective in presenting your case so that the court will take the unique circumstances into consideration.  We provide you with sound counsel and representation throughout the entire process.

New York equitable distribution attorneys

For help with all aspects of your divorce including equitable distribution matters, contact Schlissel Ostrow Karabatos, PLLC today to arrange a consultation.