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Islandia Property Division Lawyers

Protecting Your Interests & Your Assets - Call (631) 801-0007

During divorce proceedings, dividing up the couple’s assets can become highly contentious, with each spouse insisting that they deserve a greater share than the other is willing to give them. These quarrels frequently end up in the courts where a judge listens to arguments from each spouse, and then orders the assets to be divided in a certain way—not necessarily in a manner acceptable to either side. If you are facing divorce and need help with dividing assets fairly, contact the Law Office of Robert H. Montefusco for a free consultation.

Call (631) 801-0007 now or contact our firm online to get started with your case.

Division of Assets: An Overview

Under New York State law, divorcing spouses have the right to reach their own settlement about how their assets should be divided. The result of this process is a binding written agreement. When such an agreement is not possible due to a conflict between the spouses, the matter is turned over to the court. At the conclusion of a trial, the court will go about determining which assets are to be classified as marital property and which as separate property.

Marital & Separate Property

Marital property: Any businesses, personal property, securities, savings accounts, debts, and pension plans are generally placed in this category if they originated or were obtained during the period of the marriage. This property can be divided up by the courts. In some cases, this will mean liquidating the property and distributing an equitable portion of the money to each spouse.

Separate property: Any property you owned prior to the marriage will usually be ruled to be separate property, hence not subject to division. Inheritances, personal injury compensation, and gifts from third parties are also usually classified as separate property.

What Is Equitable Distribution?

New York courts follow the principle of “equitable distribution” when allocating marital assets. This does not necessarily mean that contested property is split 50/50. There are a large number of factors that the courts can take into consideration when distributing marital property.

These include the following:

  • The duration of the marriage
  • The current age of each spouse
  • The health condition of each spouse
  • The future earning potential of each spouse
  • Spousal maintenance
  • Wasteful spending or attempts to depreciate assets in anticipation of the divorce settlement
  • Post-divorce taxation issues
  • Loss of benefits as a result of the divorce (e.g., health insurance)

Some types of property, such as homes and businesses, must be carefully appraised in order to arrive at a fair evaluation of their worth. After considering all relevant factors, the court will order the distribution of assets in a manner it deems fair and reasonable.

Contact Our Firm for Your Free Consultation

At the conclusion of a trial, unless the parties settle beforehand, the court will go about determining which assets are to be classified as marital property and which as separate property. When you need a lawyer for your division of assets case, contact the Law Office of Robert H. Montefusco.

Call our firm now at (631) 801-0007 to begin planning your legal strategy.

  • He's as good as they come, no one will fight harder for you!!

    “If you're going through a divorce do yourself a favor and see this guy!!! He's as good as they come, no one will fight harder for you!!”

    John

  • He is open, honest and will not provide false promises.

    “They were exceptional in making sure conversations and milestones were communicated to me as well as very thorough in the handling of paperwork, agreement and the decree.”

    Jim

  • Robert did everything in his power to ensure the best come for me, my kids and my future. Thanks

    “Robert did a great job on finalizing my divorce with a very difficult X Wife.”

    Rob

  • It all came true and I was very happy and relieved when it was all over.

    “I’ve already recommended him twice to people I know.”

    Judy B.

  • THE LAW OFFICE OF ROBERT MONTEFUSCO IS ONE IN A MILLION

    “Robert and his staff have always went above and beyond for me throughout every step of my brutal divorce and custody process. My case is currently still open and we are in 3 court rooms. Robert is exceptionally educated, experienced, and understanding when it comes to matrimonial law. The past 2 years of my life have been the most darkest and at times unbearable because of the mistake I made in choosing the wrong partner. At times, I would call their office literally 3-4 times A DAY panicking, stressing, obsessing, and mostly crying. I never felt I was annoying them or a nuisance; they were ALWAYS there for me. Robert is not only my attorney, many times he acts as my therapist and calms me down and subsides my fears. Maureen was there beside me to sign the papers to file for the hardest decisions of my life and she always helped in making the process as smooth and seamless as possible. Hope is an amazing asset as well. She is always there to answer any questions I have and always was an extra pair of ears for me to vent to. In choosing this law firm you not only get an amazingly experienced attorney, you get a FIGHTER. Robert defends and protects me aggressively and passionately every single court appearance. For the first time in my life I have absolutely NO FEAR walking into the courtrooms ever anymore because HE is by my side. I am confident that I not only have an amazing group of people working on my case every day, but I have found friends for the rest of my life. The words Thank You will never be enough for what each of them have done for me during this difficult time in my life. You guys ROCK!”

    Jessica P

  • Mr. Montefusco has the right amount of pitbull in him and uses it when the opportunity requires.

    “Mr. Montefusco and his assistant were and continue to be excellent.”

    David

  • Honest and trustworthy

    “Honest and trustworthy. Gave great advice and streamlined the process”

    James

  • Robert Montefusco fought for me & my beliefs.

    “Robert was a realist-he was able to truthfully show the court that I was a very able, willing and capable of parenting my child more than the usual court arrangements.”

    Edward

  • Robert and his firm were professional effective and did not take any “BS” from the opposite side.

    “I hired Robert Montefusco not one time but two times to represent me for custody of my child Each time I was represented with a favorable outcome. Robert and his firm were professional effective and did not take any “BS” from the opposite side. In a biased court system where the fathers are immediately the underdog , Robert was able to get me a better outcome than most fathers get. For that I highly recommend the Montefusco Law firm.”

    Rob

  • His office personnel was unbelievable.

    “He explains everything in detail.”

    Edward

Get to Know Us

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How to Reach Us 631.801.0007 1601 Veterans Highway, Ste 530
Islandia, NY 11749 Map & Directions [+]
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