Abigail
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http://www.jdbar.com/Articles/equitable-distribution.html
NY state doesn't just automatically cut any assets owned by the couple in half when they divorce.
Mitigating factors:
1) The court determines what is jointly owned, and what is individually owned (includes property, bank accounts, debts, cash value of life insurance, vehicles, jewelry, et.) Individually owned property would include property owned prior to the marriage, inheritance, gifts, etc.
2) If either the husband or wife hold a professional degree or license which would enhance their earning potential, this is considered an "asset" (only in NY state). What this means is that even if the wife is already receiving child support, she can also claim a share of his future income as equitable distribution of property. There was actually one case in NY state where a husband making $181,000 a year was left with only $16,000 after paying equitable distribution, child support and maintenance (which can include medical bills and college education) and taxes.
Normally, for a long-term marriage, the court will divide jointly owned property and assets 50/50. But if there is a big disparity between salaries and/or earning potential, the court may award a bigger percentage to the poorer partner.
NY state doesn't just automatically cut any assets owned by the couple in half when they divorce.
Mitigating factors:
1) The court determines what is jointly owned, and what is individually owned (includes property, bank accounts, debts, cash value of life insurance, vehicles, jewelry, et.) Individually owned property would include property owned prior to the marriage, inheritance, gifts, etc.
2) If either the husband or wife hold a professional degree or license which would enhance their earning potential, this is considered an "asset" (only in NY state). What this means is that even if the wife is already receiving child support, she can also claim a share of his future income as equitable distribution of property. There was actually one case in NY state where a husband making $181,000 a year was left with only $16,000 after paying equitable distribution, child support and maintenance (which can include medical bills and college education) and taxes.
Normally, for a long-term marriage, the court will divide jointly owned property and assets 50/50. But if there is a big disparity between salaries and/or earning potential, the court may award a bigger percentage to the poorer partner.