Important decisions regarding property, assets and debts are made during the divorce process. For high-net-worth couples, the issues of distributing property are particularly complex; the assets to be equitably distributed may include sophisticated assets like complex investments, real estate, closely held or family-run businesses, stock options and retirement benefits. Murgolo & Rutigliano can protect your interests and guide you through the equitable distribution of property in your divorce.

Under New York law, marital assets are subject to equitable distribution. It is important to note that equitable does not mean equal: assets need not – and often are not – split 50/50. It is therefore important that you have an experienced divorce attorney to ensure you receive your fair and equitable share of the marital assets.

All marital property is subject to equitable distribution. Marital property is defined as all property acquired by the parties, individually or jointly, from your wedding day through the date of filing for divorce or signing of a New York Separation Agreement. It is important to note that marital property can be subject to equitable distribution even if it is held solely in the name of one of the parties (for example, a home acquired during the marriage is marital property, even if the deed is held in only one spouse’s name).

Separate property, like inherited property, gifts from third parties to one of the parties, and property identified and held separately as pre-marital property, is generally exempt from equitable distribution.

The division of property is handled on a case-by-case basis. No two circumstances are exactly alike. Murgolo & Rutigliano can protect your property as part of your divorce action.