Category Archives: Property Division

Long Separation, No Divorce? No Equitable Distribution!

What happens when a couple separates, but for some reason, despite the passage of time, don’t divorce?   Suppose still further that during the long separation when the parties have been married but living separately, one of the parties acquires some wealth? Are the assets acquired during the long separation marital and subject to equitable distribution?…
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Who Gets the Dog in a New York Divorce: New York Pet Custody

  Pet custody continues to be one of the hottest topics in divorce law.   Divorcing couples will go to war to fight for custody of their beloved dog or cat. Until recently there was no clear standard for pet custody cases; it was not clear whether New York divorce courts would treat dogs and cats…
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Can I Keep the House after My New York Divorce? Should I?

When a couple is divorcing, disposition of the marital home can be one of the biggest issues of contention. The house is often the parties' most valuable asset, but the home mortgage may be the couple’s largest liability. Issues arise when one of the parties wants to keep the house. In the best case scenario…
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How Marital Property is Valued in a NY Divorce

People contemplating divorce are often worried about how their property will be divided. This concern may be heightened in certain circumstances, such as when children are involved or when one of the parties does not work outside the home. In New York, property is first identified, then classified as either marital or separate property. Then,…
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