Depending on how long you have been married, you may have accumulated significant property. Your assets may also be very complex, including retirement accounts, investment portfolios, real estate and a wide variety of personal property. Some couples have substantial amounts of these assets even though married a short time.
Regardless, whether your divorce is acrimonious or more amicable, you want to be treated fairly. That is where the Law Offices of Nicholas P. Barone and our White Plains family law attorneys come in. To learn more about how we can help you, contact us online or call 914-288-6283 today to schedule an initial consultation where we can discuss your situation, needs and goals in depth and provide clear guidance and options.
The first question is: What are the assets to be divided? Property you brought into the marriage and that which you acquired separately, e.g., as a gift from family, constitute separate property. Almost anything acquired during the marriage is marital property.
Sounds simple, right? Unfortunately, some spouses hide assets from the other. If you have any reason to be suspicious, now is the time to locate these assets. Our law firm can perform a business asset valuation and a search for evidence on computers, for example. We can also help you enforce the terms of a prenuptial agreement or challenge a document that may not be equitable now.
Marital property should be divided equitably. However, numerous factors can cause more to be awarded or ordered to one spouse. Need is the first and most common reason. Both parties should be in a position to support themselves, and one may require funds for educational expenses in order to become self-supporting. An older person may not be a likely candidate to start a career. Therefore, a spousal maintenance petition is an option that may be necessary to consider. Or, a spouse with health problems will need funds for health care.
Finally, the behavior of the parties can affect a court’s decision on property division. The “high road” is not only the dignified and right thing to do, it will serve you best when all is said and done.
