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Commonly Asked Questions about Joint Property Divorce Agreements

In general, after a divorce, a judge would order that you: Keep your separate property. Divide your community property equally.
New York courts must divide the marital property equitably. That means fairly, considering the circumstances of the case and of the parties involved, but it does not necessarily mean equally. There is no statutory requirement of a 50/50 split of marital property.
New York is an equitable distribution state, which means that each spouse is entitled to a fair share of assets, including real property. In an equitable distribution, assets do not need to be divided 50/50 but in a manner that allows both spouses to share in the marital investments.
How Are Assets Split in a Divorce in New York? The division of assets follows the laws of equitable distribution. Under this type of settlement, spouses are not entitled to a 50/50 division but an equitable division. In a 50/50 division, both spouses would receive the same amount of assets.
Instead, New York follows the rule of equitable distribution in divorce. That means that judges will distribute a couples assets and debts based on whats fair under the circumstances of each case. Fairness doesnt necessarily translate to a 50/50 split, which is the goal in most community property states.
docHub out to others for support Support from others is critical to healing after a breakup or divorce. You might feel like being alone, but isolating yourself will only make this time more difficult. Dont try to get through this on your own. Connect face-to-face with trusted friends and family members.
For marriages that last up to 15 years, alimony payments will be made for roughly 15-30% of the length of the marriage. For marriages that lasted 15-20 years, alimony payments will be made for roughly 30-40% of the length of the marriage.
New York is an equitable division state. That means the court seeks to divide marital property fairlyand fairly doesnt automatically mean equally. It also means the court only looks at marital property when determining how to distribute assetsnot property owned exclusively by one spouse or the other.