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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 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

  • With Robert’s talent and experience, we never had to go to court.

    “I would definitely recommend Robert Montefusco. Thanks for all that you did for me.”

    Bob

  • 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 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

  • 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.

  • 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.

  • 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

  • Honest and trustworthy

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

    James

  • His passion for his work is unparalleled.

    “He fought for me every step of the way.”

    Genie

  • Thank you for helping to give me peace of mind.

    “When you told me not to worry you would fight for me I REALLY felt that in your words.”

    Dina D.

Get to Know Us

The Attorneys at The Law Office of Robert H. Montefusco Are Here to Serve You
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Contact Us Today!

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