What Is Equitable Division?

So, you’ve heard that New York is an equitable division state, but what does that mean? Basically, that means that in New York, when a couple is divorcing, that the court is going to divide their marital assets, equitably or fairly, but not always equally. In determining how the assets are going to be divided, the court evaluates a number of factors. A few of them are the length of the marriage, the income of each of the spouses, their health and the court … really the goal is to make sure that the distribution is fair and that one spouse isn’t left with nothing while the other spouse is left with everything. But, it really varies on the circumstances of each particular family. There is no clear cut and dry answer. The best way is to come in and speak with us and we’ll evaluate your circumstances and try to best determine how the court would see the property based upon the case law. Also, you can visit the free resources tab of our website and check out some of the great information we have there, so you can learn all about how equitable distribution works.