Protecting your financial interests during divorce requires thorough identification, valuation, and division of all marital property. Our attorneys ensure a fair outcome.
The division of marital property is one of the most consequential aspects of any divorce. New York follows the principle of equitable distribution, meaning that marital property is divided fairly — but not necessarily equally — between the spouses. The outcome of property division can have long-lasting financial implications, making experienced legal representation essential.
At Mandi Law Group, our attorneys are experienced in handling both straightforward and highly complex property division matters. We work to identify all marital assets and debts, determine accurate valuations, and advocate for a distribution that reflects your contributions and protects your future financial security.
Marital property includes virtually everything acquired during the marriage, regardless of whose name it is in. This includes real estate, bank accounts, investment portfolios, retirement accounts, stock options, business interests, vehicles, and personal property. Separate property — assets owned before the marriage, inherited during the marriage, or received as gifts — is generally not subject to distribution, but it can become commingled with marital property and lose its separate character.
Our attorneys work diligently to protect your assets and ensure that the property division process is conducted fairly and transparently.
One of the first steps in property division is determining which assets are marital property (subject to division) and which are separate property (retained by the owning spouse). This distinction is not always clear-cut. For example, if a spouse used inheritance money to renovate the marital home, the inheritance may have become commingled with marital property. Similarly, if a spouse owned a business before the marriage but it grew in value during the marriage due to marital efforts, the increase in value may be considered marital property. Our attorneys carefully trace the origin and character of all assets to ensure proper classification.
When one or both spouses own a business or professional practice, valuing that interest is often one of the most complex and contested aspects of property division. Our attorneys work with forensic accountants and business valuation experts to determine the fair market value of business interests using recognized methodologies. We address issues such as goodwill (including professional goodwill, which is distributable in New York), future earning capacity, business debts and liabilities, and the appropriate date of valuation.
Retirement assets — including 401(k)s, IRAs, pensions, and deferred compensation plans — are often among the most valuable marital assets. The division of these accounts requires specialized knowledge and specific legal documents. A Qualified Domestic Relations Order (QDRO) is required to divide most employer-sponsored retirement plans. Our attorneys work with QDRO specialists to ensure that retirement assets are divided correctly, tax-efficiently, and in accordance with federal ERISA requirements.
Unfortunately, some spouses attempt to hide assets or underreport income during divorce proceedings. Our attorneys are experienced in identifying red flags and conducting thorough investigations. We utilize forensic accountants, subpoena financial records, analyze tax returns and business documents, and employ other investigative tools to uncover hidden assets. Attempting to conceal assets is illegal and can result in severe penalties, including an unfavorable distribution and sanctions by the court.
Important Disclaimer
The information on this page is for general informational purposes only and does not constitute legal advice. Every legal situation is unique, and outcomes depend on specific facts and circumstances. Contact our office to discuss your particular situation.
No. Equitable means fair, not necessarily equal. Courts consider numerous factors including the length of the marriage, each spouse's income and assets, contributions to the marriage (including homemaking), and each spouse's future earning capacity.
Generally, property owned before the marriage is separate property and not subject to division. However, if separate property has been commingled with marital property or increased in value due to marital efforts, it may become partially or fully subject to distribution.
Tell your attorney immediately. We can employ forensic accountants, issue subpoenas for financial records, and use other investigative tools to uncover hidden assets. Courts take asset concealment very seriously and may impose penalties.
Every family situation is unique, and the information on this page is general in nature. Schedule a confidential consultation with our experienced family law attorneys to discuss your specific circumstances and learn about your options.