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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

How Is Property Usually Divided In A Divorce?

Hauppauge Distribution of Property LawyerGoing through a divorce can be a tumultuous time. It can bring you emotional pain and can cause financial disputes as well. If you and your spouse have accrued property during your marriage, you might be wondering how your assets will be divided once the divorce is finalized. At Winkler Kurtz, LLP, we understand how difficult property division can be and will do everything we can to assist you in this area. Our Hauppauge distribution of property lawyers can help you learn what to expect and work with you to ensure that you reach a favorable outcome. 

How Is Property Usually Divided In A Divorce?

Dividing your family’s property during a divorce can be challenging, especially when there are significant assets like houses, stock options, rental properties, professional practices, retirement and pension plans, etc. Deciding who should get what can prove to be extremely difficult, and this process can be complicated if your divorce is contentious. First, we must discuss the differences between community property and non-community property: 

  • Community Property – Community property is everything you and your spouse acquired or earned during your marriage. If you purchased a house with a combination of separate and community funds, the house is considered community property. Community property also consists of stock options, retirement plans, bank accounts, cars, tax refunds, real estate, etc. 
  • Separate Property of One Spouse – This includes any property owned by either spouse before marriage, an inheritance received by either spouse, a gift received by the spouse from a third party, and damages received from a personal injury judgment. 

Community property is a state-level distinction. In states with this law, the distribution of assets is quite simple. Both spouses split the assets equally. The only community property states are: Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. 

What Is Equitable Distribution?

New York is an equitable distribution state. Equitable distribution is slightly more complicated than community property. In equitable distribution states, the courts do not always rule against splitting assets equally. The courts will split assets based upon what they judge as fair. They make this rule based on factors that show what each spouse contributed to the marriage and what they need to move forward after the divorce is finalized. Since this way of divvying up assets is more complicated, it is crucial for you to consult with our Hauppauge distribution of property lawyer. Our legal team will help you build a case that allows for assets to be distributed fairly and equitably. 

It is possible for you to negotiate property division outside of court. If you and your spouse would like to control how you split your assets and debts in your divorce, it can be easier to handle it together, rather than letting the court decide for you. However, it is still possible for you and your spouse to have disagreements. Our Hauppauge distribution of property lawyer can help you come up with a plan to handle this situation. Here are some steps we can help you take to improve your chances of keeping the majority of your desired assets:

  • List all of your assets. 
  • Determine if your property is separate or marital.
  • Value your assets. 
  • Draft a settlement agreement. 

Hauppauge Distribution of Property Lawyer

When you are going through a divorce, you want to have an outstanding legal team on your side. Going through a divorce can be emotionally draining and cause you financial and legal stress. Our team at Winkler Kurtz, LLP is well versed in handling property disputes and will work hard to protect your rights so you can find a favorable resolution. Contact our law offices today to schedule a consultation!

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

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