Marital Property Not Always Divided 50/50

It is important to know that New York is an equitable Distribution not equal distribution state, when dividing up property acquired during the marriage.

For example when One party earned 90 percent of the income a recent court decision awarded that spouse 90 percent-not 50-percent of the property acquired during the marriage. Another court recently awarded a spouse 70 percent of the property because of the higher income of that spouse. Accordingly, it is important to examine all facts in a given case before agreeing to a 50/50 split of property acquired during the marriage.

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Division Of Property

If you are going through a divorce in New York state, the court must divide all property acquired during the marriage equitably. It is important to know that this does not automatically mean equally. For example if you started a business or profession during the marriage the court will always give the non-titled spouse less than 50%. Property acquired before the marriage, from gifts or inheritance and personal injury awards are separate property not subject to equitable distribution.

The burden of proof is on the spouse claiming separate property. Hopefully, that spouse has records to support the separate property claim.

My law office is located in Syracuse, New York if you would like to come in for a consultation, we can be reached at (315)-479-1769.

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Child Support Modification

If you have lost your job or otherwise had a reduction in your income, under New York law you are entitled to apply to family court for a reduction or elimination of child support. VERY IMPORTANT-timing is critical. The court can only reduce your support obligation as of the date you file your petition. You must file immediately.

My law office is located in Syracuse, New York if you would like to come in for a consultation, we can be reached at (315)-479-1769.

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New New York Divorce Laws

NO FAULT DIVORCE-In October 2010 New York State finally enacted a law that permits a couple to divorce without proving misconduct or fault by the other party.

You need to only show that the relationship has broken down irretrievably for a period of at least 6 months. However, you still must resolve economic issues of equitable distribution, spousal support and child support before there can be a divorce.

My law office is located in Syracuse, New York if you would like to come in for a consultation, we can be reached at (315)-479-1769.

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