DeRoberts Law Firm

Focused On Protecting Your Family And Your Future

Property Division: Equitable Distribution Of Your Marital Estate

Last updated on March 8, 2022

Whether you have few assets to argue over or substantial property is at stake, New York law requires an equitable division of it. Equitable does not necessarily mean that assets are split 50-50, though. For example, one spouse may get the house, while one gets several vehicles, this distribution is not necessarily equal, since the assets have different values, but an arrangement like this could work for a particular couple. Fair and efficient property division requires a knowledgeable attorney with creative solutions to complex legal issues.

DeRoberts Law Firm in Syracuse considers both your immediate needs and the long-term ramifications of your property settlement. We help clients get past the emotions of divorce and make realistic decisions and trade-offs to resolve asset division disputes efficiently. If negotiations come to an impasse, Jeffrey DeRoberts is a smart, tough trial lawyer who will stand up for your interests.

Contact us today for a free, confidential consultation about your upcoming divorce. We practice in Onondaga County and throughout the surrounding counties of central New York.

Fair And Creative Property Division

A court will not approve a property settlement agreement that is biased against one party. A savvy attorney can (a) ensure that all assets are on the table and (b) craft an agreement that meets both parties’ goals. Jeffrey DeRoberts has more than 25 years of experience handling divorce and property division issues such as:

  • Joint versus separate property — Assets you brought to the marriage, or inheritance or gifts you received while married, stay with you in divorce. An important distinction is if a separate property was commingled during the marriage this property is now considered marital.
  • Complex valuations — Jeffrey DeRoberts hires experts as necessary to find the accurate worth of assets like closely held businesses, professional practices or licenses, upstate cabins or out-of-state property, the family residence and the QDRO (401(k) plans, pensions, IRAs). Assigning these assets a monetary value is notoriously difficult.
  • The marital home — The parent with primary custody may need to keep the house, if for no other reason than to minimize the disruption of the children. The other parent may then seek a financial feasibility analysis and possibly seek a larger share of other assets like stocks or retirement funds.
  • Alimony — Jeffrey DeRoberts can negotiate spousal maintenance how much and for how long and account for it in the division of property.
  • Debts — Loans, credit card balances, judgments can be split down the middle or used in bargaining. For example, one party may volunteer to give the other a car or boat provided that the responsibility for the payments on that property also pass. It is, in essence, saying you get the boat, you get the boat payments.

Jeffrey DeRoberts can negotiate asset division for a marital separation agreement if you plan to live apart and possibly finalize the divorce at a later time. He can also protect you in contested divorce proceedings if you are moving forward with a fault-based divorce.

Talk To An Experienced Family Law Attorney

Call 315-479-6445 or send an email for a free initial consultation.