Modifying Equitable Distribution Orders in New York: Is it Possible?

When a couple divorces in New York, the court handles the division of their marital property through what is known as equitable distribution. This means that the assets and debts they acquired during their marriage are divided in a way that the court believes is fair, but not necessarily equal. The court looks at many different factors when deciding how to split everything, including how long the marriage lasted and each person’s financial situation.

Jean M.
Mahserjian, Esq.

Of Counsel

 

Ashley
Mahserjian, Esq.

Managing Attorney

Joe
Capisciolti, Esq.

Associate Attorney

 

Once the court makes its decision and issues an order for equitable distribution, it might feel like everything is final. However, life can change in ways that were not expected when the divorce was finalized. Maybe one person has experienced a significant financial setback, or new information has come to light that affects the original decision. In situations like these, you might wonder if it is possible to modify the equitable distribution order. Understanding the circumstances under which changes can be made to these orders in New York can help you determine your next steps.

Understanding Equitable Distribution Orders in New York

An equitable distribution order is meant to divide marital property in a way that seems just and reasonable. This includes both assets, such as homes, cars, and retirement accounts, as well as debts. The court will take many things into account when determining how to divide property, including how much each spouse contributed to the marriage, whether one spouse was at fault for the breakdown of the marriage, and the needs of any children involved. The court’s goal is to ensure that each person leaves the marriage with their fair share of the property. It’s important to note that equitable distribution only applies to marital property. This means any assets that were acquired during the marriage, regardless of whose name is on the title. However, property that was owned by one spouse before the marriage, or that was inherited or received as a gift during the marriage, is typically considered separate property and is not subject to division. But even separate property can sometimes be affected by equitable distribution if it was used in ways that benefited the marriage, like if one spouse’s separate funds were used to improve a home that both spouses lived in.

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The court’s order for equitable distribution becomes part of the divorce judgment, and both spouses are legally bound to follow it. But what happens if something significant changes after the order is issued? Can you request a modification?

When is Modification of Equitable Distribution Orders Possible?

In New York, the court generally considers equitable distribution orders to be final. This means that, in most cases, you cannot go back and change how your property was divided after the divorce is over. However, there are certain situations where a modification might be possible. It’s important to understand that these situations are rare, and the court will only consider modifying an order if there is a very good reason. One of the main reasons a court might allow a modification is if there has been fraud or misconduct that affected the original decision. For example, if one spouse hid assets or lied about the value of certain property during the divorce, the other spouse might be able to ask the court to revisit the equitable distribution order. In these cases, the court may decide that the original decision was based on false information and may modify the order to reflect the true value of the marital property. Another possible reason for modification is if there was a mistake made during the original division of property. This could happen if there was an error in calculating the value of certain assets or if the court misinterpreted how the property should be divided under the law. If a mistake like this can be proven, the court might agree to modify the order to correct the error.

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Changes in Circumstances and Modifications

While changes in life circumstances can affect other parts of a divorce order, like child support or alimony, they typically do not lead to modifications of equitable distribution orders. The reason for this is that equitable distribution is meant to provide a final resolution to the division of property. Once the assets and debts have been divided, the court expects both spouses to move forward with their lives based on that division. Even if one spouse experiences a significant financial hardship after the divorce, it is unlikely that the court will allow a modification of the equitable distribution order because of that hardship. However, in very rare cases, if there is a significant and unforeseen change in circumstances that directly impacts the fairness of the original division, the court might consider a modification. For example, if one spouse was awarded a business as part of the equitable distribution, and that business suddenly becomes much more valuable due to an event that neither spouse could have predicted, the other spouse might argue that the original division is no longer fair. But it’s important to remember that these situations are extremely unusual, and the court will be hesitant to reopen the case unless there is a compelling reason to do so.

The Role of New Evidence in Modifying Equitable Distribution

Sometimes, new evidence comes to light after the equitable distribution order has been issued. This could be evidence that one spouse had hidden assets or that the value of certain property was misrepresented during the divorce. If this happens, the spouse who was harmed by the false information might be able to ask the court to modify the order based on this new evidence. In order to succeed in having the order modified, the spouse will need to prove that the new evidence is significant enough to change the original decision. For example, if one spouse hid a bank account with a large amount of money, and this account was not included in the original division of property, the court might decide that the equitable distribution order needs to be modified to account for this hidden asset. However, it’s important to act quickly if you discover new evidence after the divorce is final. In New York, there are strict time limits for requesting a modification based on fraud or new evidence. If too much time has passed since the divorce was finalized, the court may not allow you to request a modification, even if the new evidence would have changed the original decision.

Seeking Legal Help for Modifications

If you believe that your equitable distribution order was unfair or based on false information, you might be wondering what your options are. While it is possible to request a modification in certain situations, it is important to understand that the court will only grant a modification if there is a strong legal basis for doing so. You will need to present evidence that proves that the original order was based on fraud, mistake, or new evidence that was not available at the time of the divorce. Navigating the legal process for modifying an equitable distribution order can be complicated, and it’s essential to have a clear understanding of the law before moving forward. You will need to gather evidence, file the appropriate legal documents, and present your case to the court. This can be a time-consuming and challenging process, especially if the other spouse disagrees with the modification request. While it is possible to modify an equitable distribution order in New York, the circumstances under which the court will allow a modification are limited. If you believe that your equitable distribution order should be modified due to fraud, mistake, or new evidence, it is important to act quickly and seek legal guidance to determine whether you have a valid case. Although the court generally considers these orders to be final, there are rare situations where a modification may be allowed. If you are facing challenges with an equitable distribution order and believe that a modification is necessary, the legal team at Mahserjian & Mahserjian-Ortiz, PLLC is here to help. With years of experience in family law, we understand the complexities of equitable distribution and can guide you through the process of seeking a modification if it is warranted. Reach out to our firm today to learn more about your options and how we can assist you in achieving a fair resolution.