The retirement accounts are often an issue in a New York divorce, especially when the divorcing couple is older. The divorce agreement or the court could split the accounts between the spouses based on equitable factors. The qualified domestic relations order is what...
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Property Division
Equitable distribution of property and alimony in a divorce
Divorce comes with some special considerations when it comes time to divide marital property and establish alimony payments. When a New York couple gets a divorce, the judges aim to divide property equitably. The basis for equitable division is generally determined by...
Could you retain full ownership of your pension in a divorce?
New York couples heading into the divorce process are likely preparing themselves to deal with a tough emotional and financial process. Apart from dealing with issues like who gets the house and who gets custody of the children, you also want to consider your pension....
Divorcing as a female business owner
New York female business owners who are getting ready to undergo a divorce likely have a lot on their minds. From dealing with property division to figuring out what will happen to your business in the future, there are a lot of aspects that you'll have to address...
Issues to consider if divorcing over 50
The number of people over age 50 choosing to divorce in New York has greatly increased over the past few decades. Couples who have been married for a long time may have accumulated substantial assets that will need to be divided, making their divorces more...
Identifying separate property in a divorce
When New York couples decide to divorce, they will need to list all their assets, identifying both marital and separate property, as they prepare to negotiate the division of property. Understanding how courts view property is important before negotiations start. What...
Property division for older couples
There are countless sources of advice and information for couples going through a divorce.. However, it seems that one particular group in New York and around the nation tends to be left out of the conversation. Older couples have seen an uptick in divorce over the...
How can you best divide up your investment accounts in divorce?
One of the scariest things about divorce for many spouses is not knowing what's going to happen to their valuable assets such as homes, cars, jewelry and collectibles. If a couple shares investment accounts, though, then this can take their concerns to a whole other...
Know that equitable distribution is supposed to be fair
New York, much like many other jurisdictions in the country, is an equitable distribution state. This means that judges focus their attention on splitting up property fairly. There are many factors that Amherst judges take into account when deciding what's the most...
Is your soon-to-be ex entitled to your stock options or bonus?
There are a variety of factors that make for contentious divorce negotiations. Conversations over child custody or support, alimony and property division often get heated. Amherst judges often consider each spouses' income and their compensation structure when making...