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Knowledgeable New York Property Division Lawyer

Dividing Marital Property

If you are considering divorce, you may be worried about how the assets you’ve accumulated during your marriage will be divided. For high-net-worth couples the issues of distributing property are particularly complex; the assets to be equitably distributed may include sophisticated assets like complex investments, real estate, closely held or family-run businesses, stock options and retirement benefits.

You are right to be concerned. You need someone with the experience and skill to give you useful and practical advice. You need an attorney who can protect your interests and guide you through the equitable distribution of property in your divorce.

Marital property is broadly defined as all property acquired by the parties, individually or jointly, from your wedding day through the date you or your spouse files for divorce or you both sign a New York separation agreement. Separate property, like inherited property, gifts from third parties to one of the parties and a personal injury recovery, is generally exempt from equitable distribution.

Marital property can be distributed even if it is held solely in the name of one of the parties. For instance, if you and your spouse purchased a home during your marriage, but put title to the property in your spouse’s name, the home will be considered marital property and distributed equitably when you divorce in New York.

It is important that you understand that when dividing marital assets as part of a divorce, equitable does not mean equal. Assets do not have to be distributed 50/50. An experienced New York family law attorney will make sure you receive your fair and equitable share of the marital assets.

Examples of Marital Property

The types of property that may be equitably distributed are endless. Common examples include:

  • The marital home
  • Vacation homes
  • Automobiles
  • Household furnishings
  • Bank accounts
  • Stock portfolios
  • Pensions and retirement plans
  • Interests in businesses
  • Professional degrees

In New York, a party’s “enhanced earning capacity”—which includes the value of any degree, license or certification obtained during the marriage—can be distributed.

Separate Property Not Subject to Equitable Distribution

Separate property is not equitably distributed. Separate property is broadly defined as:

  • Property acquired before marriage or by bequest, devise, descent or gift from a party other than the spouse
  • Compensation for personal injuries
  • Property acquired in exchange for or the increase in value of separate property
  • Any property described as separate property in a written agreement between the parties

Keep What Is Rightfully Yours

The division of the assets in your case depends on many factors. Daniel Clement uses his more than 25 years of experience to handle the legal issues of equitable distribution in divorce.

What Our Clients Are Saying

Dan Clement was a tremendous help in my divorce. He knows the law, courts and practicalities cold. These are complicated and emotional processes, and I was very glad to have Dan on my side throughout. He was a major factor in ensuring a fair resolution without the costs of an extended proceeding.

– Amy M.


112 Madison Avenue, Suite 800
New York, New York 10016
(212) 683-9551
Mon-Fri: 9am – 5pm

Frequently Asked Questions

Can my spouse hide, sell or transfer assets during the divorce?

No.   Once the divorce has commenced, neither party can sell or transfer assets other than in normal course of business.

What happens to the marital home when we divorce?

Assuming the home is marital property, either the home will be sold and the equity split or one of the parties will purchase or trade other assets for the other spouse’s equity.    If there are children, the sale of the home could be delayed, for instance, to allow a child to complete the school year or for a high school student to graduate.

What type of property get distributed?

All marital property gets distributed, including, bank and investment accounts, 401(k)s, IRAs, interests in businesses, intellectual property, cars, homes, and boats.  Even the contents of the home, including dishes, pots and pans, beds, jewelry and artwork  get split.

Are you in search of a family law attorney in NYC to guide you through your next stage in life?

Want to chat about your specific situation?

Fill out the form and Daniel will call you.

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Are you in search of a family law attorney in NYC to guide you through your next stage in life?

Want to chat about your specific situation?
Fill out the form and Daniel will call you.

Client Review

“Daniel is a highly skilled professional whose experience and emotional support were key enable me navigate and successfully go through what can be a challenging and stressful process at times. I am very grateful for his prompt responsiveness always, his commitment to protecting my interests and efficiency at getting my divorce finalized. I definitely recommend.”
Thomas Sczyrba
Client Review



Daniel Clement

The Law Offices of Daniel E. Clement

Daniel Clement graduated from Brooklyn Law School and the State University of New York at Albany. With over 35 years of experience, he has been a member of the New York City Bar Association and the Matrimonial Committee. In addition, he has worked as an Arbitrator in the Small Claims Court of the City of New York. 

Known for his straightforward yet savvy approach to law, he specializes in multiple areas of family law including divorce, how to protect assets in a divorce, child custody, prenuptial agreements, property division, maintenance/alimony, and high net worth divorce. Clients hire Daniel for the personal attention, hard work, street smarts, and excellent value he brings to each case.

An accomplished attorney, Daniel also lectures and writes for various publications, including a blog entitled the “New York Divorce Report” and has co-authored the book, “Onward and Upward: Guide to Getting Through New York Divorce and Family Law.”

The information contained in this website has been provided for general informational purposes only and DOES NOT constitute legal advice; there is no warranty on this information and it does not in any way constitute an attorney-client relationship. Prior results do not guarantee a similar outcome. All individuals are encouraged to seek independent counsel for advice regarding their specific situation and facts. 


Further, e-mails or other correspondence with any member of this firm does not create an attorney-client relationship without the explicit written agreement between the parties

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