EQUITABLE DISTRIBUTION

Nov 27, 2018

Question #316: In May of 2009 I moved to NY from Kansas. In August of 2009 I married a NY resident. In August of 2010 I moved back to Kansas and we are still married. My name is not on the home deed or mortgage but after almost 6 years do I have any claim to the property or his 401K in the event of a divorce? Thank you.

Because you are living in Kansas since 2010, you would have to file in Kansas, not NY. Kansas is an Equitable Distribution state meaning that generally any property ( including the house and 401K) acquired during the marriage with funds earned during the marriage (excludes funds received as an inheritance or gift from a parent) […]

Nov 27, 2018

Question #236:Generally speaking, if a couple who reside in New York state decide to divorce and jointly own property in California, does the California property fall under community property rules of California?

First, let me point out that the division of marital property under the Community Property rules of Californiaand the division of marital property under the Equitable Distribution rules of New York, although not identical, are very similar,with New York giving the judge somewhat more leeway in determining if one party should get more than another. […]

Oct 31, 2018

Question #220:My wife and I are thinking of a mutual divorce after having lived separately for 2 years in NYC. We are both Asian Indians by origin and we were married in India in 1998. We own an apartment and we are both title holders. What’s the divorce process in NYC , how long would this roughly take if it is mutual consent, and how much would it roughly cost? Also, what exactly does equitable distribution mean ? If I sell the apt. before the divorce process starts, would the proceeds count in the equitable distribution? Can we mutually decide the distribution of assets without involving the law?

If you are both living in New York for 1 year, NYwill have jurisdiction over your divorce, regardless of where you were married. Equitable distribution means that generally, all property earned or acquired during the marriage other than by gift or inheritance, is considered marital property and will be generally divided in half , regardless […]

Oct 30, 2018

Question #143:Is New York State a community-property state? Thank you.

No, New York is not a “community property” state. However, New York has what is called “Equitable Distribution” which is similar to community property but provides the judge hearing the case with somewhat more discretion to allow one party to receive more or less than the other party , depending on the circumstances.

Oct 30, 2018

Question #92: My wife and I have been married for over 40 years. Last year, out of the blue, she first asked for a legal separation and soon after mentioned a divorce. I have no idea what may have precipitated this; I am guessing that an affair may have been involved based on her and the suspected party’s actions and comments. A comment like ” I didn’t think you would care” almost sounds like an admission, but she has steadfastly denied this. She has been reading Stephanie Marston’s book, “If Not Now, When?” which never leaves her side. (I question some of the advice given in this book.) She wants to sell our home and property and split all our retirement savings. My question is can she legally get a divorce and walk away with half of our retirement funds that we worked so hard to get? My wife never had an income producing job.

You did not indicate what state you live in so it is difficult for me to give you a definitive answer. In New York, for instance, which is an “equitable distribution” state, each spouse is entitled to approximately one half of all marital property which is defined as property of any kind acquired during the […]

LEONARD M.WEINER, ESQ, Ph.D.

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Question #236:Generally speaking, if a couple who reside in New York state decide to divorce and jointly own property in California, does the California property fall under community property rules of California?

Question #143:Is New York State a community-property state? Thank you.