What factors does the court consider to divide marital property?

Most divorce court judges and lawyers try to prevent people from litigating the division of household items because it often costs more money in legal fees to fight over those items than it would to buy new ones. That said, it is likely you and your spouse will need to seek White Plains divorce help if you cannot agree—your property settlement will not be complete until these items are divided. The judge will simply divide them in a manner neither of you like.

New York courts consider the following criteria in property division:

  • The length of the marriage
  • Either person’s prior marriage(s)
  • Each person’s age, health, station, income, vocational skills, employability, estates, liabilities, and needs
  • The contribution by one spouse to the education, training, or increased earning power of the other spouse
  • Each person’s potential opportunities to acquire future income and assets
  • Sources of income, including medical, retirement, insurance, and other benefits
  • Services rendered as a parent, wage earner, or homemaker
  • The value of each person’s property
  • Standard of living established during the marriage
  • Tax consequences of the distribution
  • Custodial parent designation

Whether you need a family law lawyer who specializes in child custody matters in the family courts, a White Plains divorce attorney who can litigate your contested divorce case, or legal counsel with knowledge of intricate issues of mediation or collaborative divorce law, we encourage you to contact Carton & Rosoff PC today.

Whether you need a family law lawyer who specializes in child custody matters in the family courts, a White Plains divorce attorney who can litigate your contested divorce case, or legal counsel with knowledge of intricate issues of mediation or collaborative divorce law, we encourage you to contact Carton & Rosoff PC today.

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David M. Rosoff

Licensed since 1980

Member at firm Carton & Rosoff PC

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David M. Rosoff

Licensed since 1980

Member at firm Carton & Rosoff PC

AWARDS

BV Distinguished

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