If you are facing the complexities of a divorce in New York, you may find yourself overwhelmed with feelings of confusion and worry. The process of equitable distribution and spousal support can seem complicated, but you are not alone. As you navigate this journey, it is important to understand the connection between these two areas of divorce law. At Mahserjian & Mahserjian-Ortiz, PLLC, we are here to guide you through every step of the process with compassion and knowledge, ensuring that you achieve the best possible outcome for your case.
What is Equitable Distribution in New York
Equitable distribution refers to the process in which marital property is divided between spouses in a fair and just manner during a divorce. New York is an equitable distribution state, which means that the division of property is not necessarily equal, but it must be fair given the circumstances of the marriage. This means that assets, debts, and property acquired during the marriage will be split based on a variety of factors, including each spouse’s financial contributions, the length of the marriage, and the economic circumstances of each party.
Equitable distribution is not always a 50/50 split. For example, one spouse may receive a larger share of the marital property if they contributed more financially or if they have greater financial needs. The court takes into account the specifics of the marriage and strives to make a fair division that benefits both parties.
How Spousal Support Fits into the Picture
Spousal support, also known as alimony, is another critical factor in a divorce case. Spousal support is financial assistance that one spouse may be required to pay to the other after a divorce. The purpose of spousal support is to help the lower-earning spouse maintain a similar standard of living to what they experienced during the marriage.
In New York, spousal support is determined by various factors, including the length of the marriage, the income of both spouses, the age and health of each spouse, and the standard of living established during the marriage. The court looks at the financial needs of the spouse requesting support, as well as the ability of the other spouse to provide it.
The staff is extremely friendly and knowledgeable. They truly care about their clients and walk you through the process every step of the way. I highly recommend Jean and here team for any legal needs.– Joseph B.
Was a real advocate for me while going through my divorce. Responded to emails and calls promptly and guided me through the entire process. Fair, responsive and frankly a light during a tough time.– Melissa W.
It is important to note that spousal support and equitable distribution are two separate matters. However, they are often interconnected. The outcome of one can influence the other. For example, if one spouse is awarded a larger portion of the marital assets in an equitable distribution, the need for spousal support may be lessened, as they may already have sufficient resources. Conversely, if one spouse is awarded less in property division, they may be entitled to greater spousal support to help them meet their financial needs.
How Equitable Distribution and Spousal Support are Interconnected
Although equitable distribution and spousal support are separate aspects of a divorce, they are closely linked. The decisions made regarding the division of marital property can influence whether spousal support is awarded, and the amount of support given can impact the equitable distribution of assets.
How long does a Divorce take? What is a no Fault Divorce in NY?Related Videos
For example, if a spouse receives a significant portion of the marital property as part of the equitable distribution, the court may decide that spousal support is not necessary, or if it is awarded, it may be at a reduced rate. On the other hand, if one spouse does not receive a fair share of the marital property, the court may decide that spousal support is necessary to ensure their financial well-being post-divorce.
Additionally, the amount of spousal support awarded can also be impacted by the property division. If one spouse is left with limited financial resources following the equitable distribution, they may be entitled to spousal support in order to maintain a similar lifestyle to what they had during the marriage.
What Factors Do Courts Consider in Both Areas
When determining both equitable distribution and spousal support, courts consider a variety of factors. For equitable distribution, the court will look at things like the income and property of each spouse, the length of the marriage, and the contribution of each spouse to the marriage, whether financial or non-financial. The court also considers the age and health of both spouses, as well as the needs of any children involved.
In terms of spousal support, the court will consider the income and earning capacity of each spouse, their financial needs, the duration of the marriage, and the standard of living during the marriage. The court will also consider the age, health, and other relevant circumstances of each spouse.
While these factors may seem straightforward, they can be complicated by the specific details of each case. A knowledgeable attorney can help ensure that the court fully understands your circumstances, which can lead to a more favorable outcome.
How Can a Lawyer Help You in Equitable Distribution and Spousal Support Cases
Navigating both equitable distribution and spousal support requires a thorough understanding of the law and the many factors that influence both. An experienced attorney can help you understand how these areas of divorce law apply to your specific case and ensure that your rights are protected.
At Mahserjian & Mahserjian-Ortiz, PLLC, we take the time to listen to your story and provide you with the personalized legal guidance you need. We will work tirelessly to ensure that you receive a fair and just distribution of marital property and any spousal support you may be entitled to. Our attorneys understand the importance of achieving a successful outcome for our clients, and we are committed to fighting for your best interests every step of the way.
The process of equitable distribution and spousal support can be difficult to navigate on your own, but you don’t have to face it alone. Understanding how these two areas of divorce law are interconnected can make all the difference in ensuring a favorable outcome for your case. If you are in need of legal representation to help you with equitable distribution or spousal support, we are here for you.
At Mahserjian & Mahserjian-Ortiz, PLLC, we offer empathetic and experienced legal counsel to help you through the complexities of divorce. Contact us today to schedule a consultation, and let us help you secure the best possible result for your case.
