After a divorce, it is common for the marital home to be sold unless one party wants to buy out the other party’s interest in the home, or if the couple has young children and...
Property Distribution
What Are Your Rights to Your Spouse’s Stock Options in Divorce?
When spouses file for divorce, their marital property will be equitably distributed between them with equitable not meaning equal but fair under the circumstances. Generally, it...
What Should You Do If Your Spouse Puts Marital Assets into a Trust Without Your Consent?
Generally, trusts are considered the separate property of the spouse named as beneficiary. However, that is not true if the assets in the trust contain marital property. The...
Are Trust Assets Marital or Separate Property in Divorce?
In a divorce, the laws of equitable distribution distinguish marital property from separate property. Technically, only marital property, that is, property acquired after the...
Tax Liability of Spouses for Marital and Separate Property
Most couples come into a marriage with some existing income and assets that may generate tax liability. What responsibility each spouse has for the taxes generated by the other’s...
What Is Equitable Distribution Under New York Divorce Law?
When spouses divorce in New York, their marital property is subject to “equitable distribution.” Equitable is not the same as an equal. It is a concept rooted in fairness. What...