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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.

  • Robert, I want you to know you are a blessing! AND THANK YOU!!!

    “You are so knowledgeable and took so much time with me… for that I am so thankful!!!!”

    Lynn M.

  • Robert is not a stranger to arguing a motion. An added benefit that helped with my selection of Robert was his prior background as a Suffolk County Assistant District Attorney.

    “Although I am not an attorney, I deal with a lot of contact, intellectual capital and real-estate attorneys regularly and I’m a pretty good judge of character. Robert’s representation of me was outstanding!”

    Robert D.

  • You don't need a guppy, you need a Barracuda!

    “I was recommended to The Montefusco law firm by a friend who is a lawyer. He told me "You don't need a guppy, you need a Barracuda"! From the first free consultation (many years ago) to the present day, the entire staff was courteous, punctual, professional, and tolerant. I say that because I can be a tough customer to deal with, and I was never treated that way. I was always given the respect, time, and the opportunity to be heard. Hope and Monica were great on the phones, and taking down my concerns, and relaying them to Robert, Meaghan, or Maureen. I had a particularly rough time with my EX, and I was fighting for the rights of my son, and him now living with me. Robert had my back through the whole process. I am 100% satisfied with the outcome, and the entire team should take a bow! Robert always knew just what to say, and how to calm me down in moments of disbelief in the ongoing battles, and I feel I can include him in my 'inner circle' of friends. Meaghan did a great job of re-writing all of my oppositions, and even took my calls when she was at her home. And last but not least is Maureen. Maureen is a paragon. She could answer every question I had, and always gave me the respect I deserved. She and I got to know each other pretty well on the phones, and through emails. Often times I called to talk to Robert, and Maureen picked up, and helped me through my concerns. Thank you Robert, Meaghan, Maureen, Hope, and Monica! You made a really bumpy road seem navigable, and throughout the process, there was always a shining light at the end of the tunnel!”

  • 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

  • I am grateful for George Pammer and the Law Office of Robert H. Montefusco employees, they have given me peace of mind.

    “Two months ago I was at my wit's end. I had been in court again for 4 months and it seemed to be going absolutely nowhere. I started debating switching lawyers. I was given a recommendation from a family friend and decided to go and meet with George Pammer. From the moment I walked in, I felt like I was finally being heard. He had a wonderful sense of humor and a positive personality for a pretty grim situation. He did everything to move our case along as the other attorney did every stall tactic there is. I am grateful for George Pammer and the Law Office of Robert H. Montefusco employees, they have given me peace of mind. Tonight I will be able to sleep knowing my son is finally safe. There are not enough thank you's in the world to repay this man.”

    Sybille N.

  • 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

  • Attorney Montefusco is absolutely the best – – Period.

    “It’s truly a privilege to be represented by an attorney I feel is the best and I never worry when Robert’s by my side.”

    Francis

  • Robert is definitely the one you want representing you through a difficult time that is going to affect the rest of your life

    “Robert was my attorney representing me through my divorce and I couldn’t have asked for any better. The attorney you choose greatly affects the outcome of your divorce and mine would have been horrible if it wasn’t for him. I strongly and highly recommend him. He guided me through with his expert negotiating, leadership, advice and representation. He was realistic of what the outcome was going to be and he was right. His office staff is wonderful and you always get timely responses. Robert is definitely the one you want representing you through a difficult time that is going to affect the rest of your life”

    Alice

  • 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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