A divorce is a complicated and sometimes frustrating process, particularly when separating spouses choose not to cooperate on the path to settlement. From spousal maintenance to property division, every aspect of a shared life together must now be divided. This leaves many people to wonder, “what is a wife entitled to in a divorce in New York?”
Rooted in stereotypes, there may be many assumptions about what a wife should get in a New York divorce. However, New York divorce laws are nondiscriminatory and, therefore, entitle both spouses to an equitable division, regardless of gender.
Hire a Divorce Lawyer
Understanding the dynamics of New York divorce law can help you fight for what you are entitled to in your divorce. At Trotto Law Firm, P.C., our team has extensive experience in asset division cases. We know how the laws govern this process, so we can develop strategies to secure all that is rightfully yours. When you hire a divorce lawyer in Rochester, NY, from Trotto Law Firm, P.C., you get experienced legal representation who can ensure a fair distribution of marital assets.
Types of Property in a New York Divorce Case
Before considering how assets and debts are distributed, you must determine which assets are subject to distribution. New York has an average income of $84,578 as of 2023. With this level of earnings, many types of assets can be acquired during a marriage, and they are treated differently during the divorce process:
- Marital property includes income, assets, and debts acquired during the marriage by either spouse. Items and debts acquired without the other’s knowledge are still considered marital property.
- Separate property is individually owned by one spouse. Separate property could be items or accounts owned prior to the marriage, inheritances, gifts made to only one spouse, some personal injury settlements, and any assets or debts subject to a written agreement between both spouses.
- Commingling property occurs when separate property is joined with marital property. This could happen when money saved before the marriage is used to purchase a home or an inheritance is deposited into a shared bank account.
- Appreciation of separate property could become marital property if marital efforts or marital property were used. For instance, one spouse starts a business and uses marital funds until the business becomes profitable, or one spouse provides unpaid labor to help the other’s business.
How assets and debts are classified is based on the specific facts of the claim and the ability to provide documentation as proof. It is important to consult a seasoned asset division lawyer when going through a divorce. They can go over your assets with you to see which ones may be considered in the asset division process. A skilled divorce attorney can find evidence to prove whether assets are separate or marital.
Divorce Entitlements
In any divorce, several settlement issues must be reached. These include, but are not limited to:
- Property and asset division
- Division of debt
- Spousal maintenance
- Child custody
- Child support
These are often complicated matters to settle, as each spouse may:
- Feel like they have contributed differently to the acquisition of property.
- Have a significant difference in income.
- Feel that the other spouse is unfit to care for any children.
These and multiple other reasons make divorce settlements difficult for many couples.
Equitable Distribution
New York is an equitable distribution state as opposed to a community property state. In community property states, the divorce settlement seeks to divide marital property in a 50/50 split. However, in an equitable distribution state, the divorce settlement seeks to provide each spouse with an equitable settlement that takes into account several aspects of the marriage. In equitable distribution decisions, the court should consider the following:
- The length of the marriage
- The income and any property owned by each spouse
- Any contributions to the marriage that are considered non-financial
- The age, health, and ability to earn for both spouses
- Any wishes that each spouse may have regarding certain assets
- The spending habits and treatment of assets by both spouses prior to the divorce
A good example of how equitable distribution is considered is in terms of income. For example, assume that one spouse works full-time while the other spouse cares for the home and children. The spouse who works may feel like they are entitled to more because they contributed a greater financial amount to the marriage.
However, in an equitable state, the law can consider the contribution of the nonworking spouse as a part of the ability of the financially earning spouse to do so. If the stay-at-home spouse did not do so, the other spouse may not have had the ability to earn the income that they did. Therefore, each spouse is considered to have contributed to the income.
In the same example, the spouse who may care for the children may assume that they should gain full custody of the children since they have been the primary caretaker. However, both parents have the right to equitable custody and child support awards.
These types of considerations are important because income is often at the center of many divorce cases.
Specifics of Divorce
Other areas of a couple’s divorce that must be considered include:
- The marital home: Considerations of how the marital home is divided include many of the reasons above. Because this is one of the larger decisions that must be made, the spouse who is awarded the home may give up certain other assets to reach an equitable settlement.
- Child custody arrangements: When one spouse is awarded primary custody of the couple’s children, the courts are often more likely to award the custodial parent possession of the primary residence to limit disruptions for the children.
- Healthcare and insurance coverage: In some divorces, the benefits provided by employers can become part of the settlement. In cases where spousal maintenance is awarded, these aspects may be a part of that settlement.
- Degrees and professional certifications: The earning capacity of each spouse is taken into consideration for spousal maintenance. This includes any contributions or sacrifices one spouse made to the other so they could increase their earning capacity.
- Standard of living: When the incomes and earning potential between spouses are significantly different, judges can consider the standard of living that may result from the divorce when dividing assets and awarding spousal maintenance.
- Retirement and pensions: Pension benefits are considered marital property and subject to distribution during a divorce. The most common method, the Majauskas Formula, awards half of the pension earned during the marriage to each spouse. For example, if you were married for 10 years and have 30 years of service credit at retirement, 33% of the pension would be split equally between both spouses.
Because there are so many aspects of a divorce, consult a family law attorney to learn what you may be entitled to.
FAQs About What Is a Wife Entitled to in a Divorce in New York
What Is the First Thing I Should Do If I Want to Get Divorced in New York?
The first thing you should do if you want to get divorced in New York is to consult a divorce attorney to understand your options. There are different grounds for divorce, each with different considerations, so it’s important to discuss potential grounds with an attorney.
Before you file a divorce petition, you should organize important documents and have copies of everything stored in a safe location away from your home. You also need to be sure you meet residency requirements.
How Many Years Do You Have to Be Married to Get Spousal Maintenance in New York?
The ability to get spousal maintenance in a New York divorce is not governed by a standard timeline. Several considerations are taken into account when determining if spousal maintenance is provided. These include:
- The length of the marriage
- The earning capacity of both spouses
- The equitable contribution to the marriage
- Supporting benefits
How Are Assets Split in a Divorce in New York?
The division of assets follows the laws of equitable distribution. Under this type of settlement, spouses are not entitled to a 50/50 division but an equitable division. In a 50/50 division, both spouses would receive the same amount of assets. In an equitable distribution, factors such as the length of marriage and income are taken into account to determine what is equitable for both spouses.
Is New York a 50/50 Divorce State?
New York is not a 50/50 divorce state. New York is considered an equitable distribution state, in which both spouses are entitled to an equitable divorce settlement rather than an equal share of assets. For many spouses, this can be frustrating because of what each spouse feels they are entitled to. However, the law states that equity is the fairest division.
Who Qualifies for Alimony in New York?
Alimony, often referred to as spousal maintenance in New York, is a part of a divorce settlement that both spouses are entitled to, regardless of income. While many assume that spousal maintenance is awarded when one spouse makes more money than the other, there are other considerations taken into account, such as:
- The length of the marriage
- The earning capacity of both spouses
- Any benefits provided from one spouse to the other
Contact a New York Divorce Attorney
New York divorces can be complicated, regardless of the gender of each spouse involved. The divorce laws in New York may leave you with more questions than answers. No matter what stage of the divorce process you are in, contact Trotto Law Firm, P.C., and get the help you deserve today. We can make sure you receive the equitable settlement you are entitled to.
