By Randy S. Margulis | Published May 20, 2026 | Posted in Divorce | Tagged Tags: Divorce, equitable distribution, marital property | Comments Off on Who Gets the Family Home in a New York Divorce?
For many couples, the family home is the most significant asset they own, both financially and emotionally. It represents stability, memories and, for parents, a sense of continuity for their children. When a marriage ends, deciding what happens to the home becomes one of the most important and often most complex issues in the divorce Read More
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Equitable distribution is the legal framework used to divide property during a divorce in New York. Only property that is deemed marital in nature is subject to division. Generally, marital property includes assets and debts acquired by either spouse or both during the marriage. Separate property consists of assets acquired before the marriage or after Read More
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Among the most challenging issues in divorce cases can be how to divide the spouses’ marital property between them. New York follows the rule of equitable distribution, which means all marital assets must be divided fairly, though not necessarily equally. Division becomes problematic when a spouse intentionally or recklessly spends, damages, destroys or disposes of Read More
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A postnuptial agreement is similar to a prenup, a popular way to decide money and property issues at the start of a marriage rather than leave them for resolution during a divorce. Postnups — created after the parties are married — work much the same as prenups, but they are subjected to a higher level Read More
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