What is Equitable

The first issue is often the easiest. In the vast majority of case, marital property is equally divided in New York. New York public policy values the contributions of a wage earner and a homemaker equally in the accumulation of property. Thus, unless there is a compelling fairness argument to be made, a New York Court is not likely to divide property in any other manner. In attempting to negotiate an agreement, most individuals find that a simple agreement to equally divide property is what works.

Equally dividing property in New York, does not mean dividing each asset in half. Judges in New York have authority to trade certain assets, so the result can be a fair division of assets.

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