New York just isn’t strictly a neighborhood property state the place belongings acquired throughout the marriage are routinely divided equally (50/50) in a divorce. As an alternative, New York follows the precept of equitable distribution. This implies marital property is split pretty, although not essentially equally, contemplating the precise circumstances of the case. Components influencing the division embody the size of the wedding, every partner’s contribution to the wedding (each monetary and non-financial), and the longer term incomes potential of every partner.
Equitable distribution goals to realize a simply and honest consequence, recognizing that equal division may not all the time be acceptable. Traditionally, divorce legal guidelines typically favored the partner who financially supported the household, leaving homemakers at a drawback. Equitable distribution makes an attempt to appropriate this imbalance by acknowledging the worth of contributions corresponding to childcare and family administration. This method ensures that each events are thought-about pretty, selling a extra simply decision to the dissolution of a wedding.
