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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
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Equitable Distribution

Each state has its own laws surrounding property division in a divorce. Your first step in negotiating a fair settlement should be to learn where your state stands.

Hauppauge Distribution of Property Attorneys

Types of Property Division

Community Property

Nine states follow “community property” laws:

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

In community property states, both parties hold an equal stake in marital property. Courts in these states will likely divide all marital property down the middle.

Equitable Distribution

All other states, including New York State, are “equitable distribution” states. This means that assets and liabilities are divided fairly. Note that this does not necessarily mean in half! In order to divide property fairly, the judge considers each spouse’s financial situation in the marriage. Because this can be complex, it is crucial to consult with an experienced divorce and family law attorney before you begin negotiations.

Some of the most common factors the court will consider when dividing property are:

  • Each spouse’s occupation
  • Each spouse’s relative earning potential
  • How each spouse contributed to the marriage (e.g., working or taking care of children)
  • The length of the marriage
  • Each spouse’s age and health
  • Whether the court has awarded alimony or child support
  • The standard of living held during the marriage and how much each spouse will need to maintain that standard

Separate Property vs. Marital Property

Equitable distribution only applies to marital property. This means that property acquired during the marriage, including income, purchased property, retirement accounts, and interest income, will be divided, regardless of how the title is held.

Separate property, on the other hand, is not divided in a divorce. Separate property consists of assets acquired prior to or after the marriage. It may also include:

  • Property received as an inheritance or gift
  • Financial compensation due to personal injury
  • Any appreciation on separate assets

Can You Negotiate Property Division Outside of Court?

It is much less costly when a couple can reach an agreement out of court. After all, a quick resolution means there is more marital estate left to divide. Spouses who are able to set aside their differences should consider mediation as a cost-effective alternative to litigation.

However, even the most cooperative couples will have disagreements. It is always in your best interest to understand your state’s stance on property division so you can negotiate with an understanding of the law.

An Equitable Distribution Attorney Will Explain Your Rights

Property division is a complex and emotional part of getting divorced. An experienced family law attorney will protect your rights and help you find a favorable resolution. Contact the law offices of Winkler Kurtz, LLP, or call us today at (631) 928-8000 to schedule a complimentary case evaluation.

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  • Personal Injury Lawyer On Long Island
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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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