Marriage & Family Law

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Commonly Asked Questions about Marriage & Family Law

Is NY a 50/50 divorce state?

Is New York a Community Property State? New York is not community property or a 50/50 state. New York is an equitable distribution state for property and debt. Under NY divorce law for property distribution, the court will decide how to divide property and marital debt using the states equitable distribution laws.

Who gets the house in a divorce in New York?

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.

How many years do you have to be married to get alimony in NY?

Q: How Many Years Do You Have To Be Married To Get Alimony in New York, NY? A: New York does not have a specific amount of time that a couple must be married before either spouse qualifies for spousal maintenance.

Does the husband have to pay for the wifes divorce lawyer in NY?

While it can be frustrating to have to bear the burden of legal fees in a divorce, you cannot force your spouse to pay for your legal fees in a divorce in the state. When you sit down to hire an attorney, you should discuss your financial situation with your partner.

What is a wife entitled to in a divorce in NY?

New Yorks equitable distribution law specifies that you are entitled to a division of all marital property assets that were acquired during the marriage. With few exceptions, marital property generally includes both spouses income, purchases made with that income, and retirement benefits.

What are the marriage laws in New York State?

In New York, you can marry at the age of 16-17 with your parents consent. You can marry at the age of 14-15 if a court grants you permission. However, no one under the age of 14 can legally get married in New York. Your gender does not matter, because same-sex marriage is permitted in New York.