Property Division Lawyer Nassau County

Dividing property in a New York divorce involves distinguishing between marital and separate property, then applying New York’s equitable distribution rules to marital assets and debts. Law Offices Of SRIS, P.C. assists Nassau County clients with property division matters arising from divorce actions filed in Nassau County Supreme Court. Property division disputes often involve real estate, retirement accounts, businesses, and other assets accumulated over the course of a marriage. Because equitable distribution does not always mean an equal split, understanding how the statutory factors apply to a specific set of assets matters. To discuss a property division matter, call (888) 437-7747 to request a scheduled consultation.

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Marital and Separate Property Under New York Law

New York Domestic Relations Law § 236(B)(1) defines “marital property” as property acquired by either or both spouses during the marriage and before the execution of a separation agreement or the commencement of a matrimonial action, regardless of how title is held. “Separate property” is defined more narrowly and generally includes property owned before the marriage, property received by gift or inheritance from a third party, and compensation for personal injuries. The increase in value of separate property is generally treated as separate property as well, except to the extent the appreciation is due in part to the efforts or contributions of the other spouse, in which case that portion of the increase may be treated as marital. Notably, a spouse’s own professional license, degree, or career enhancement is not treated as marital property subject to distribution under New York law.

How Marital Property Is Divided in Nassau County Divorce Cases

Under Domestic Relations Law § 236(B)(5), marital property is distributed “equitably,” which does not necessarily mean equally. Courts consider a list of statutory factors, including the income and property of each spouse at the time of the marriage and at the commencement of the action, the duration of the marriage, the age and health of the parties, any need of a custodial parent to occupy the marital residence, the loss of inheritance, pension, or health insurance benefits resulting from the divorce, each spouse’s contributions to the marriage including contributions as a homemaker, the liquidity of the marital assets, the difficulty of valuing business or professional interests, tax consequences to each party, any wasteful dissipation of assets, transfers made without fair consideration in anticipation of the action, and evidence of domestic violence, among other factors the court finds just and proper. Property division matters connected to a divorce action are filed in Nassau County Supreme Court, located at 100 Supreme Court Drive, Mineola, NY 11501, part of the 10th Judicial District. The Law Offices Of SRIS, P.C. does not guarantee any particular outcome in a property division matter, and outcomes depend on the specific assets, debts, and circumstances involved.

Practical Steps in a Nassau County Property Division Case

Property division in a contested Nassau County divorce typically begins with identifying every asset and debt held by either spouse, then determining whether each item is marital or separate property under Domestic Relations Law § 236(B)(1). Assets commonly at issue include real estate, retirement and pension accounts, bank and investment accounts, business interests, and personal property accumulated during the marriage. Valuing certain assets, such as a closely held business or a professional practice, can require the assistance of a qualified appraiser or forensic accountant, particularly where Domestic Relations Law § 236(B)(5) identifies the difficulty of valuing business or professional interests as one of the factors a court may consider. Spouses may resolve property division issues through negotiation or, if an agreement cannot be reached, through a contested hearing before a justice of the Nassau County Supreme Court. Because equitable distribution is fact-specific, the outcome in any particular case depends on the assets involved, how they were acquired and titled, and the length of the marriage, among the other statutory factors.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. and a former prosecutor. He is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris attended George Mason University, where he developed a background in accounting and information systems. The firm was founded in 1997 and has been practicing family law matters, including property division, since that year.

The firm’s Of Counsel attorneys also assist clients with property division and other family law matters in Nassau County and throughout New York. Law Offices Of SRIS, P.C. does not offer free consultations; prospective clients may request a scheduled consultation by calling the firm’s intake line, which is staffed 24/7. The firm does not maintain a physical location in Nassau County, and its principal office is in Fairfax, Virginia, available by appointment.

Frequently Asked Questions

What is the difference between marital and separate property in New York?

Marital property, under Domestic Relations Law § 236(B)(1), generally includes assets acquired by either spouse during the marriage. Separate property is more narrowly defined and generally includes premarital assets, third-party gifts and inheritances, and personal injury compensation.

Does equitable distribution mean property is split 50/50?

Not necessarily. Domestic Relations Law § 236(B)(5) requires an equitable, not automatically equal, distribution of marital property, based on a list of statutory factors specific to each case.

Is a professional license or degree divided as marital property?

No. New York law does not treat a spouse’s own professional license, degree, or career enhancement as marital property subject to distribution.

Where are property division matters filed in Nassau County?

Divorce actions involving equitable distribution and property division are filed in Nassau County Supreme Court, located at 100 Supreme Court Drive, Mineola, NY 11501, part of the 10th Judicial District.

Does the increase in value of separate property ever become marital property?

It can, in part. If the other spouse contributed to the increase in value of separate property during the marriage, that portion of the appreciation may be treated as marital property subject to distribution.

Does the firm offer a free consultation for property division matters?

No. The firm does not offer free consultations. Prospective clients may call (888) 437-7747 to request a scheduled consultation.

Does the firm have an office in Nassau County?

No. The firm does not maintain a physical location in Nassau County. The firm’s principal office is in Fairfax, Virginia, and is available by appointment.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

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