Property Division Attorneys Nassau & Suffolk Counties

Property division is one of the critical issues to address in a divorce. Determining how assets and debts will be split between spouses can significantly impact both parties’ financial futures. Property division is not simply dividing assets—it’s about protecting your financial interests and securing the resources you need to move forward.

The Advocate You Need for Fair and Lasting Property Division

At Joseph Law Group, P.C., we are dedicated to ensuring our clients receive a fair and equitable share of the marital estate. With years of experience handling both relatively simple, straightforward situations to the most complex property division cases, our attorneys provide the focused and personalized advocacy you deserve. Whether through negotiation or litigation, we aim to protect you and your assets while obtaining a resolution that protects your long-term financial security.

Identifying Marital and Separate Property

In New York, the first step in dividing assets in a divorce is to distinguish between marital property and separate property. Marital property, with certain specific exceptions, includes all assets acquired during the marriage, regardless of whose name is on the title or how the account may be held. Separate property, however, typically includes assets owned before the marriage as well as inheritances, gifts from third-parties (not your spouse), or personal injury awards received during the marriage. Unfortunately, adding a great layer of complexity to many divorces, separate property does not always remain separate and instead can become part of the marital estate, subject to distribution.

Common misconceptions often arise around property ownership. For example, many believe that if an asset is solely in one spouse’s name, it remains theirs alone in a divorce. However, even if that asset was acquired prior to marriage, if it increased in value during the marriage, that increase in value may be considered marital property under New York law.

Accurate documentation can be critical to correctly identifying and valuing assets. Important documents include financial records, property deeds, and account statements. At Joseph Law Group, P.C., we help our clients gather and organize the necessary documentation to ensure an appropriate outcome.

Schedule a Consultation

Equitable Distribution Process

New York follows the principle of equitable distribution, meaning that marital assets and debts are divided fairly—but not necessarily equally—between spouses. The court considers various factors when determining what constitutes a fair distribution.

Here is an overview of the key steps in the property division process:

Identify and categorize assets as either marital or separate property
Obtain valuations for all marital assets, including real estate, businesses, investments, and retirement accounts
Consider various factors such as the length of the marriage and each spouse’s contributions (both financial and non-financial)
Negotiate and, if necessary, litigate to reach a fair settlement or court-ordered division of property

Factors influencing property division include, amongst others, each party's separate property claims, if any, the length of the marriage, the contributions of each spouse, and the future financial circumstances of each spouse.

Our attorneys are skilled negotiators, working to resolve property division matters outside of court when possible. However, if a fair agreement cannot be reached through negotiation, we are fully prepared to effectively represent our clients in court to secure an equitable outcome.

Post-Division Considerations

Property division is not just about what happens during the divorce but also how it impacts your finances moving forward. Once assets are divided, several post-division steps should be taken to protect your financial future:

Updating Legal Documents: After a divorce, it is essential to update your legal documents, including transferring titles, updating wills, powers of attorney, and beneficiaries on life insurance policies or retirement accounts, to reflect your new situation.
Long-Term Financial Planning: Divorce often necessitates reevaluating financial plans. Our attorneys will work closely with your financial advisors to help them manage our clients' share of the assets and plan for their long-term financial stability.

Tailored Legal Solutions for Property Division in Nassau & Suffolk Counties

Dividing marital assets is one of the most significant financial issues during your divorce. Having an experienced Nassau County property division attorney by your side could not be more critical. At Joseph Law Group, P.C., we provide the legal support you need to protect your economic interests. Our approach is to negotiate these issues without the need to go to court whenever possible, a more efficient way to achieve a fair and lasting resolution. When litigation is needed, you can trust that our legal team will vigorously and effectively protect your rights in court.