One of the most contested aspects of divorce is the division of assets, property and debts acquired before and during marriage. When your financial future is hanging in the balance, you need an experienced family law attorney who knows how to protect your interests throughout the divorce process.
The Law Offices of Randy S. Margulis provides clients with effective representation in property division matters. We have years of experience handling divorces throughout the Buffalo metropolitan area and know what it takes to protect your assets during divorce. Let us put our knowledge and skill to work for you today.
If you and your spouse cannot agree on how to divide your marital property, the law recognizes a process called equitable distribution, which determines how your assets will be divided, and how your debts will be apportioned. Equitable does not always mean equal. There are a number of legal factors that go into such a determination. Having the right experienced property division lawyer on your side can help save you a considerable amount of money in the divorce process.
To calculate each spouse’s share under equitable distribution, courts must first determine what assets are considered marital property and what qualifies as separate property. In New York, all property acquired during a marriage is subject to equitable distribution upon divorce. There are, of course, exceptions and nuances to all the rules. Sometimes property becomes commingled, and is difficult to classify. Sometimes it is difficult to determine when a certain property right came into existence in the first place. This includes all property acquired before executing a separation agreement or starting a matrimonial action, including:
However, separate property is not subject to equitable distribution. Separate property includes:
During equitable distribution proceedings, spouses must prove that this property is in fact separate and not subject to division in the divorce. Let our experience in this area work for you, to ensure that you keep as much of your hard-earned property, or that you receive as much of your fair share of the marital property, as possible.
In New York, judges take many factors into account when determining each spouse’s share under equitable distribution, including:
When defending your rights, our attorneys put their knowledge of the law and experience settling cases to work for you, to ensure that your contributions toward the accumulation of marital assets is adequately compensated. We have helped hundreds of clients throughout Western New York receive the financial support they needed after a divorce, and we stand ready to assist you today.
Call the Law Offices of Randy S. Margulis today at 716.886.9600 or contact our firm online to schedule an initial consultation. From our offices conveniently located in Williamsville and downtown Buffalo, we represent clients living throughout the Buffalo metropolitan area and Western New York, including:
As a Buffalo divorce lawyer for 28 years, I have devoted myself to solving the problems that affect families throughout the Buffalo metropolitan area and Western New York. As a family law attorney, I make it my goal to create a partnership of trust with my clients. People put their trust in me to handle cases that can potentially have a long-lasting impact on not only their lives, but the lives of their family as well.
Alexandra M. Rockwood is a Senior Associate Attorney with the Law Offices of Randy S. Margulis & Associates and has been with the firm since early 2020. She primarily practices in the areas of matrimonial and family law, including divorce, child custody, and child support. Alexandra is a practicing matrimonial and family law attorney as…