EQUITABLE DISTRIBUTION

Dedicated to providing top quality legal representation in all types of Family Law matters – divorce, post-divorce proceedings, orders of protection, child support, child custody and relocation cases.

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New York Equitable Distribution Lawyer

Equitable Distribution

Vs.

Community Property

New York is an equitable distribution state. This means, during a divorce, property division is handled in a way deemed “most fair” to both sides. This is not the same as a community property state, which divides marital property split 50/50 between spouses. The court takes into account factors regarding the marriage and contributions of each party. The courts have considerable latitude in deciding who gets which assets.

At The Law office of David W. Teeter, we have decades of experience handling the complex family law issues involved in property division. We can carefully review the facts of your case, create a comprehensive strategy for getting you the fairest share of assets, and explain the process clearly as you go through this difficult time. We believe in working with the other party's attorney in order to get you the best results possible, but we are also very aggressive when they are not willing to be fair."

For more information, call our office at 516-229-2235 or

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Is New York a Community Property State?

No, New York is an equitable distribution state that divides property based on what is fair and reasonable. Most states are transitioning to equitable distribution as community property is only practiced in a handful of states. Dividing assets via community property is the result of the Uniform Marital Property Act of 1983. This made the division of property during divorce easier, as even homes were considered 50/50. However, this method is quickly becoming outdated, as only 9 of the 50 states still utilize it.

How Property is Divided in a New York Divorce

To ensure your assets are divided fairly, it is necessary to have a proper valuation. It will also be necessary to determine which assets, if any, were owned by one party prior to the marriage. These are both considerable factors. Assets can include vehicles, homes, jewelry, antiques, art, businesses, retirement accounts and investment accounts.

During the equitable distribution phase of your divorce, the court will also look at:

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Child Custody

> Adoption

> Child Relocation

> Custody Problems

> Grandparents' Rights

> Mothers Rights

> Joint Custody

> Legal vs Physical Custody

> Parental Alienation

> Legal Separation

> Sole Custody

> The Hague Convention

> Visitation

> Same Sex Divorce

> What is a Law Guardian

The overall length of the couple’s marriage

The non-financial contributions of each spouse

Whether or not spousal support was awarded

The liquid & non-liquid nature of the property involved

The income and property of each spouse

The age, health & earning capacity of both spouses

The wishes of both spouses regarding certain assets

Any wasteful dissipation of assets prior to divorce

Equitable Distribution vs. Common Law Distribution

Prior to becoming an equitable distribution state, New York was a common law property state. This means that a couple’s property was distributed according to the manner in which title was held. For example, if only your name appeared on the title of your house, you would get to keep it after a divorce; however, this has since changed. Now the court must divide a couple’s assets as fairly and equitably as possible. Still, this does not mean that there will be a 50/50 split.

What Am I Entitled to in a Divorce in NY?

Under New York’s equitable distribution laws, only your “marital property” will be divided during a divorce. This means that you and your spouse will get to keep any separate property that was brought into the marriage.

In the state of New York, “separate property” can include any assets that were:

Acquired by one spouse prior to the marriage
Received by one spouse as an inheritance or gift
Acquired as compensation for a personal injury
Characterized as such in a prenuptial agreement

Marital property includes any assets that were acquired during the marriage—regardless of who holds the title. With few exceptions, this may include both spouses’ income, purchases made with that income, and retirement benefits.

Let David W. Teeter Guide You Through the Process

Having helped hundreds of clients with a successful resolution to their divorce, the Law Office of David W. Teeter is well-poised to help you pursue the outcome you deserve. Our level of expertise benefits our clients greatly.

See What Our Clients Are Saying...

Jennifer B, Garden City, NY
Mr. Teeter has been my attorney for the past 3 years and I could not have managed without him. He fought and ultimately won my child custody case for which I will be forever grateful. Mr. Teeter always responds promptly to all of my questions/requests...no matter how big or small. I was extremely lucky to find wise counsel as well as someone to keep me grounded during some of the hardest times of my life. Thank you so much!

- Jennifer Baik

Real Client, Garden City, NY

I went through a difficult and challenging divorce. David was very helpful from the first meeting and walked me through this stressful time. David managed to settle my case in a way that I never believed would be possible. I share joint custody with my son's mother and I couldn't be happier and more grateful for this result!

- Shlomi Cohen

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Divorce Mediation

March 12, 2019

Many people have heard that using a mediator to help in a divorce is a less expensive alternative to litigation, but they are not sure what mediation is or how it works. While mediation may not be right for every divorce, when it does work, the parties will likely feel more empowered, more satisfied with the outcome, and more committed to following through with the settlement in the future. The job of a mediator in a divorce is to help the parties identify what is most important so that they can find solutions that work for both of them—a win-win scenario. In a divorce, emotions run high. People feel anger, recrimination, and fear. These emotions are real, and they are important, but they don’t help lead to a solution. Only by identifying the source of the emotions can solutions be reached. In a mediation, one parent may threaten to take the children away, never to let the other see them again. If a threat like this were aired in court, it could lead to months of litigation and cost tens of thousands of dollars. In mediation, we seek the source of that anger. Is the mother making the threat because she is afraid that she won’t have enough money to support herself? Good. How do we divide the available funds so that she is able to support herself? Is the father making the threat because he is afraid that he won’t have enough time with the children to maintain a meaningful relationship? Good. How do we structure the time so that both parents have meaningful time with the children? During the mediation process, the mediator rarely if ever suggests a solution. Instead, the mediator draws the parties out, asking them to identify their underlying needs. In a successful mediation, the parties will suggest solutions that work best for them. They will collaborate to reach a resolution that is finely tailored to their needs. This can be especially important for observant families. Most often, a judge who has been randomly assigned to handle a divorce will not fully appreciate the needs of observant litigants. By mediating the issues, the parties themselves can fashion an agreement that is sensitive to such matters as apportioning time on the chagim, paying for yeshiva tuition, deciding on an appropriate yeshiva in Israel following high school, when the get will be given, which beit midrash will be used, and many more. Once the mediation reaches a successful conclusion, the parties will need to have an agreement written for them. For this reason, it pays to use an attorney well versed in divorce law as a mediator. The agreement, usually called a stipulation of settlement, must meet stringent requirements in order to pass muster with the court. If it does not, the court will not issue a judgment of divorce. Mediation is not right for every case. If there is domestic violence in the marriage, mediation will not succeed, because of the obvious power imbalance between the parties. Also, where one party has an addiction or substance-abuse problem, mediation is not appropriate unless the person with the problem has admitted it and is fully committed to treatment. If there are hidden assets or income, mediation is unlikely to help, since there is no mechanism to compel a party to disclose such information. Divorce is a difficult, anxiety-filled time. The sooner the issues in the divorce (custody of the children, parenting time, child support, etc.) can be resolved, the better. Mediation, when done correctly, can be a powerful tool to help parties resolve these issues in a timely and cost-effective manner. David Teeter has practiced law for over 20 years and has children at Rambam Mesivta and Yeshiva Har Torah.

Kosher Divorce?

March 11, 2019

What does this mean, kosher divorce? Divorce is one of the most stress-filled times in a person’s life. However, even during a divorce, the parties have an obligation to act in an ethical manner, to treat each other with respect, and to make a kiddush Hashem. Problems in a divorce usually arise when the parties act out of anger. The husband moves out of the house and stops paying the bills because he is angry at his wife. The wife cannot pay the bills and is forced to run to court for an emergency order of financial support. Or the wife is angry at the husband, and refuses to let him see the children. The husband is bereft without the children, and now he has to run to court for an emergency order of parenting time (visitation). When these clients come to an attorney for help, they want a solution as soon as possible, and justifiably so. The current situation cannot continue for another day. The attorney then prepares papers for court, characterizing the other spouse in the worst possible light. Their motion papers are served on that spouse, who is only further upset and often enraged at the characterization of him or her in this official court document. And the cycle continues. This is the opposite of a kosher divorce. In a kosher divorce, both the husband and the wife make decisions based solely on the best interests of the entire family, putting aside their individual interests. This is easier said than done, because you must do so even when you know that the other one is not doing the same. Thus, even if the husband stops paying the bills, the wife must not stop him from seeing the children. And even if the wife does not let the husband see the kids, he must still continue to pay the bills. Why not punish your spouse when you know that he or she has done something to harm you? Because people see what you are doing. The judge will see it and will assign equal blame to you as to your spouse. Your children will see it and will be hurt to see their parents act poorly toward each other. The community may hear of it, and may feel forced to take sides. But equally important, it is a chillul Hashem. None of this is meant to suggest that one must be a pushover. Each spouse should zealously advocate for himself or herself. Neither should leave the negotiating table or the courtroom feeling that he or she did not make the best case possible. It simply must be done ethically, honorably, and without anger or a desire for recrimination. It is unfortunate when two people who had the best intentions could not make their marriage succeed. A divorce is the sad recognition of that fact. It is also an opportunity to do right by your spouse, your children, your community, and yourself. David Teeter is an attorney practicing in Garden City, New York. He can be reached at David@DWTFamilyLaw.com.

Who Can File For Divorce in NY?

Either the husband or the wife can file for divorce. Grounds for divorce are no longer necessary to obtain a divorce in New York. Either party can allege that there has been an irretrievable breakdown in the marriage. A divorce may be filed in New York as long as the parties have been living in New York for at least one year.
How Does an Uncontested Divorce Work?

An uncontested divorce just means that all of the issues (financial, child custody, child support, division of property) have been decided and all that needs to be done is file the appropriate paperwork to obtain a judgment of divorce. In most cases, before filing the uncontested papers, you should also have a legally binding Stipulation of Settlement drafted and signed.
How is child support decided in New York?

Child support is generally determined by a formula set forth in the law, called the Child Support Standards Act. The formula requires the non-custodial spouse (the parent who does not have residential custody of the children) to pay a percentage of his/her income (less FICA withholdings) to the custodial spouse. The percentage varies depending on the number of children: one child 17%, two children 25%, three children 29%. If the parties' combined income exceeds a certain threshold, child support may or may not be awarded on the income above the threshold. Also, the parties can voluntarily agree to an amount of child support different from that calculated by the formula.
What is permanent spousal support or alimony?

There is a legally mandated formula for calculating spousal support (alimony). Generally speaking, the formula works such that the greater the difference between the parties’ income, the greater the amount of support that will be mandated. The formula is gender neutral, so if the wife earns more than the husband, she may, in fact, be ordered to pay support to the husband. There are fifteen (15) discretionary factors, however, which allow the judge to deviate, awarding an amount different than the formula would otherwise require.
How is property divided in a New York Divorce?

New York is an “equitable distribution” state, meaning the judge has the discretion to divide the parties’ property fairly, not necessarily equally. Most marital property, however, is divided equally in most situations. The main exceptions are separate property that was either owned prior to the marriage or inherited during the marriage, and small businesses, whether started before or during the marriage.
What am I entitled to in a divorce in NY?

You are entitled to a fair (not necessarily equal) division of the marital property; reasonable time with the children, whether as the custodial parent or non-custodial parent; child support for the custodial parent; and spousal maintenance for the lower earning spouse. The most important point, however, is that there is more than one way to decide a case, so having the right representation is crucial.
What does a prenuptial agreement cover?

A prenuptial agreement can cover more or less ground, depending on your needs. The simplest prenuptial agreement just addresses one issue, such as keeping a premarital business separate in the event of a divorce. But the prenuptial can cover how the bills will get paid, whether or not separate accounts will be kept, or what to do if the parties purchase real estate or make investments.
What happens if you don't pay child support in New York?

Child support can be enforced several different ways. The payor's salary can be garnished to pay support as well as accumulated arrears (back-due support). A court can enter a money judgment which can be enforced against a bank account or other assets in the payor's name. A court can suspend the payor's driver's license or other professional license or certification. Finally, under certain circumstances, a court can find the payor in contempt and sentence the payor to jail unless he pays a certain amount by a set date.

EQUITABLE DISTRIBUTION

Dedicated to providing top quality legal representation in all types of Family Law matters – divorce, post-divorce proceedings, orders of protection, child support, child custody and relocation cases.