Albany Attorneys/Lawyers: Equitable Distribution

When you are in the process of dividing marital property, the Court will seek out an “equitable distribution of assets.” This should not be confused with a 50/50 split of assets as equitable does not mean equal. Before you negotiate, it is important to know your rights, options, and potential obligations.
All property acquired by either, or both, spouses during a marriage, and up until the start of the divorce action, is considered marital property. It does not matter whose name the property is in, it will be subject to equitable distribution by the Court if it was acquired during marriage.
Similarly, any debt that was acquired by either or both spouses in that same time, will be considered “marital debt”, and will also be subject to equitable distribution.
Examples of marital property include (regardless of whose name it is in):
- Real property
- Bank accounts
- Vehicles
- Jewelry
- Tax shelters
- Personal property such as home furnishings
- Investments
- Interest in a business
- Pension rights
- Profit sharing, retirement and savings plans
- Life insurance cash balances
You should not risk your financial stability by blindly entering an agreement before knowing your rights. At Rhoades, Cunningham & McFadden, PLLC we will give you strategic legal representation which will focus on protecting your rights and financial interests.
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