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Commonly Asked Questions about Divorce Property Settlement

In general, after a divorce, a judge would order that you: Keep your separate property. Divide your community property equally.
Since each spouse has an equal share of community property, a judge will split all property down the middle. This can be in the form of selling and splitting the proceeds, assigning certain items to each spouse, or by allowing one spouse to buy out the other shares of the asset.
New York is a state that enforces an equitable distribution of assets in divorce proceedings. This means that marital property is divided 50/50 but in a way that is equitable and fair. When determining what is equitable, the court takes several factors into account.