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Winkler Kurtz LLP

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  • Home
  • About Us
    • Attorneys
      • James R. Winkler
      • Richard D. Winkler
      • Jason W. Hake
      • Lindsey M. Albinski
      • Janet L. O’Hanlon
      • David S. Pollack
      • Daniel E. Brickley
  • Practice Areas
    • Personal Injury
      • Motor Vehicle Accidents
        • Long Island Car Accidents
        • Trucking Accidents
        • Motorcycle Accidents
        • Pedestrian Accidents
        • Serious Injuries
      • Workplace Injuries
        • Scaffolding and Ladder Falls
        • Struck By Object
        • Machinery / Equipment Injuries
        • Construction Accidents
      • Medical Malpractice
        • Birth Injuries
        • Brain Injuries
        • Misdiagnosis
        • Wrongful Death
        • Surgical Errors
        • Hospital Negligence
        • Failure to Diagnose
      • Slip and Fall Injuries
      • Wrongful Death
    • Divorce & Family Law
      • Child Custody & Visitation
      • Divorce Mediation
      • Equitable Distribution
      • Child Support
      • Orders of Protection
      • Spousal Support
      • Divorce & Family Law FAQ
    • Wills Trusts & Estates
      • Estate Planning
      • Elder Law
      • Powers of Attorney
      • Probate
      • Estate Administration
      • Wills & Trusts
      • Wills & Trusts FAQ
    • Real Estate
  • Case Results
  • Testimonials
  • Contact Us

Community Property Vs Equitable Distribution

Going through a divorce can cause mass amounts of emotional turmoil. This problematic situation will only worsen when the process gets drawn out due to issues with the distribution of assets. At Winkler Kurtz, LLP, we understand this and will do everything in our power to make your divorce go smoothly. We are well versed in the differences between community property vs. equitable distribution and would like to spend some time discussing this now.

What Is Community Property?

In the simplest terms, community property refers to a state-level distinction in which most assets collected during a marriage are owned equally by both spouses. In states that undergo this law, the distribution of assets becomes relatively simple, as both spouses own everything with a 50-50 share. However, it’s important to remember that not all states rule by these laws. The ones which include community property jurisdiction are listed below:

  • California.
  • Arizona.
  • Nevada.
  • Louisiana.
  • Idaho.
  • New Mexico.
  • Texas.
  • Wisconsin.

What Is Equitable Distribution?

Equitable distribution is a little more complicated than its previously mentioned counterpart. In equitable distribution states, courts don’t always rule against splitting assets 50-50. Judges will not necessarily deem all assets to be owned by both partners equally, meaning they will not be split down the middle. Instead, the courts will split up assets based upon what they view as fair. This is one of the reasons hiring quality representation is so important when going through a divorce. New York is an equitable distribution state, and our legal team at Winkler Kurtz, LLP, will create a case that allows for asset distribution to land in your favor.

Best Way To Handle Equitable Distribution Cases

For divorces that do not have the luxury of having both spouses lay an equal claim to all assets, it’s essential to have a gameplan to handle this. Fortunately, after helping many different clients through this exact situation, our legal team knows how to handle this. Below are some of the most critical steps we’ll help you take part in to give you the best chance of retaining the majority of your desired assets:

  • Creating a detailed list of all of your assets.
  • Getting all of your property valued.
  • Determine if certain assets fall under marital or separate property.
  • Remember that debts will also be split up between parties.
  • Attempt to draft a settlement agreement before the divorce starts.

Work With Winkler Kurtz, LLP

Hiring a subpar legal team is one of the worst things you can do when going through a divorce. Not only will you have to deal with emotional distress, but also the legal and financial repercussions as well! To avoid this headache, be sure to work with our team at Winkler Kurtz, LLP. To learn more about the difference between community property vs. equitable distribution, contact us to schedule a free consultation today.

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Practice Areas

  • Personal Injury Lawyer On Long Island
  • Divorce & Family Law
  • Long Island Medical Malpractice Lawyer
  • Trusts & Estates
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Client Testimonials

I cannot say enough about Rich and his staff. Everyone was more than accommodating from day one. You are treated like you matter, and not just another case for their firm. Rich offers advice every step of the way to get the most out of your case while still letting YOU choose which options are best. Coming from someone who has dealt with other attorneys, none compare to Mr. Winkler. His knowledge, and attitude are second to none. I would recommend Rich to anyone with an accident case. Believe me, you are in good hands. Thank you Rich and staff. Could not have asked for more!!

- Rob Pearsall

To Whom It May Concern, I’m a union painter and was badly hurt when I was involved in a workplace accident on a job site in Manhattan. I hired Richard Winkler to represent me and they have been great. He and his staff keep me informed and are making sure that I can continue to be able to feed my family and to keep everything going, they are on my side no doubt about it. Needless to say this didn’t go unnoticed to my family. Visiting the office was always a positive experience both welcoming and professional. I would recommend this firm to anyone in need of caring compassionate legal representation.

- Michael Brunner

Winkler Kurtz LLP is an amazingly knowledgeable and professional law firm. The staff is extremely intelligent and personable. With great guidance will support you through each step of your case and treat you with personal attention. Highly recommend this law firm – they go out of their way to make you a winner!

- Elissa Rand

The experience that I got from Richard Winkler was absolutely the best, In the beginning I was hesitant because you hear of bad stories about attorneys, but the turning point for me was when the most amazing, caring, person sat down and explained everything to me Mr. Winkler’s paralegal Dana Randazzo. This team answered all my phone calls handled all my paperwork in a quick manner there were never any surprises and they were on top of everything with the insurance companies and anything else associated to my case I highly recommend this law firm to anyone you will not be disappointed and I just wanted to say thank you for all that you have done for me Mr Winkler!

- Anthony Detorre

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CONTACT US

Winkler Kurtz, LLP
1201 Route 112, Suite 200
Port Jefferson Station, NY
11776

Phone:

(631) 928-8000


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(631) 928-8578

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