fbpx
Select Page

Property Division, Long Island, NY

Protect Your Assets in Your Divorce through Equitable Distribution
Contact Us for a Free ConsultationCall 631-923-1910

What is Equitable Distribution in a Long Island Divorce?

The division of marital property is perhaps the largest issue in most Long Island divorces. Courts on Long Island are governed by the laws of the State of New York, which provides guidelines for how marital property is to be divided during the divorce proceedings. These rules are known as Equitable Distribution.

Marital Property Is NOT Always Split 50/50

Simply put, New York courts use the equitable distribution doctrine in an attempt to divide marital property fairly and equitably. This does not always mean that each party receives 50 percent of the marital assets. Instead, the courts use many factors in order to determine the most fair and reasonable distribution of the marital property.

Motivated, caring and detail oriented are just some of the few personality traits that come to mind when I describe Rob. Going through a trying time in your life is not when you need the difficulties that come with an inexperienced, disorganized and uncaring attorney. Rob was none of those. Instead, he was a joy to work and made a difficult time less so through his kind and caring demeanor and attention to detail. His timely response and availability were supurb as well. I would, hands down, recommend Rob to anyone that needed someone to be a shining star through the dreary experience of a divorce!!!

What is Marital Property & How Do I Get My Fair Share?

Generally speaking, property acquired during the marriage is considered to be marital property. Marital property can include, but is not limited to:

  • cash
  • bank accounts
  • retirement accounts (such as pensions & 401-Ks)
  • securities
  • notes and mortgages held
  • stocks and stock options
  • contracts
  • broker’s accounts
  • business interests
  • accounts receivable
  • interest in trusts
  • real property
  • household furnishings
  • antiques & collectibles
  • jewelry
  • automobiles, motorcycles, boats, etc.
  • disability pensions
  • judgments held
  • causes of action at law
  • patents and trademarks owned
In order to determine how to calculate the distribution of property, Judges on Long Island consider factors such as:

  • the amount and sources of income at the time of divorce filing;
  • the property of each spouse at the time of divorce filing;
  • any pre-nuptial agreements;
  • duration of the marriage;
  • the age and health of each spouse;
  • who will be the custodial parent;
  • any alimony award;
  • the potential financial needs of each spouse;
  • the potential future earnings of each spouse; and
  • the amounts necessary for support, maintenance, education, and general welfare of the child or children

How Do Long Island Courts Decide Who Gets What?

The above is not an exhaustive list of factors, and every set of circumstances surrounding a divorce may vary. However, Long Island courts almost always take into account the needs and future needs of each party to the divorce, including current and future income and expenses. Earning potential of the spouses is given due consideration as well.

What Is Separate Property & Can I Keep My Own ‘Stuff’?

personal propertyCertain property may be considered “separate” property, and will not be subject to equitable distribution. For example, property that was acquired prior to the marriage, property acquired by inheritance, compensation for personal injury of one spouse, and, certain gifts given to one spouse may not be included in the equitable distribution of a marital estate. Furthermore, any property specifically agreed to be outside of the marital estate by a pre- or post-nuptial agreement will not be considered marital property for purposes of equitable distribution. However, exceptions may exist if a spouse can show that he or she contributed toward the appreciation of any of these “separate” assets.

 

What If My Spouse Cheated?

Generally speaking, Long Island courts consider the totality of the circumstances in determining the distribution of the marital estate. The courts generally do not consider marital misconduct or fault, and typically do not punish or reward either party, so if you thought you would get more of the assets of the marriage because your spouse was unfaithful, that’s usually not the case. However, if a party has acted in a way to intentionally destroy or depreciate the marital property in an attempt to deprive the other party of some benefit, this will be viewed unfavorably by the Court and will be given consideration when determining the apportionment of property.

 

How Do the Debts of One or Both Spouses Come Into Play?

debtMarital debts are often distributed in the same manner as marital assets. However, the distribution of the debts may be different in cases where one spouse has a significantly greater ability to pay, or one spouse is solely responsible for incurring the debt obligation, and incurred the debt for his or her exclusive benefit. In some instances, a debt is incurred by one party and only for the benefit of that party. Generally, any debts incurred during the marriage are considered marital debts, and are therefore subject to equitable distribution. The party who wishes to share the debt with his former spouse has the burden of proof as to why the debt was incurred and whether it was for the benefit of both parties.

 

How To Ensure Your Divorce Distribution is Equitable

As experienced Long Island Divorce attorneys, we can assist you in determining your property rights and negotiating for your best interests during your divorce. We will assess your rights and responsibilities in your divorce, and can help to ensure that you receive everything you are entitled to under New York State law. The Office of Hornberger Verbitsky, P.C. provides free consultations to discuss your options. Contact our friendly Client Services Director at 631-923-1910 to schedule yours.

For more information about Property Division in your divorce, visit our Complete Guide to Dividing Property in Divorce.

SCHEDULE YOUR FREE CONSULTATION TODAY
Call 631-923-1910 or fill in the form below

Schedule your complimentary consultation and case evaluation with our experienced attorneys today. When you call, you’ll speak to our friendly Client Services Director, who will be able to answer your general questions and set up your appointment with an attorney who specializes in your unique case.

At your meeting, your attorney will evaluate your case and describe the many options available to you so we can determine together which is the right solution for you. By the end of this meeting we’ll all understand how we can best help you to move forward.

No Cost or Obligation

There is no cost or obligation for this initial consultation. It is simply an opportunity for us to get to know each other, evaluate your case and answer your questions.

* indicates required



Divorce Lawyer Long Island New York
Google Review of divorce longisland
rrezarta lekaj
rrezarta lekaj
20:47 24 Nov 21
Christine is truly the best there is. She is beyond professional, personable, genuine, extremely trusting, and has made such a stressful and emotional time for my family and I easier to get through. Thank you so much from the bottom of my heart for your guidance, your support, and being there every step of the way. I would highly recommend Hornberger Verbitsky, P.C. to anyone that is in need for legal advice - you will be in the best hands.
Rob and Christine are the very best out there!I can not say enough about them. They both have helped me so much in different matters throughout the last several years . They have gone over and beyond!I highly recommend this law firm !
js_loader
Successful Divorce Strategies Free eBook
divorce questions answered
Child Support & Spousal Maintenance Tools
Spousal Maintenance Calculator
Child Support Calculator
Hornberger Verbitsky, P.C.
4.6
Based on 59 reviews
powered by Google
rrezarta lekaj
rrezarta lekaj
20:47 24 Nov 21
Christine is truly the best there is. She is beyond professional, personable, genuine, extremely trusting, and has made... such a stressful and emotional time for my family and I easier to get through. Thank you so much from the bottom of my heart for your guidance, your support, and being there every step of the way. I would highly recommend Hornberger Verbitsky, P.C. to anyone that is in need for legal advice - you will be in the best hands.read more
Janine Martello D'onofrio
Janine Martello D'onofrio
21:00 02 Oct 21
Rob and Christine are the very best out there!I can not say enough about them. They both have helped me so much in... different matters throughout the last several years . They have gone over and beyond!I highly recommend this law firm !read more
Tara Tocci
Tara Tocci
20:59 17 Sep 21
I called to make an appointment for a consultation to discuss a mediated divorce, the office was fantastic with getting... me a prompt appointment. When going in all my questions were asked and I left feeling comfortable in my decision to move forward in using the Hornberger/Verbitsky office. Despite a pandemic going on the office still worked diligently to get my papers filed and my divorce complete in a timely manner. Highly recommend!read more
cristina romero
cristina romero
20:17 17 Sep 21
Hornberger Verbitsky, P.C were phenomenal in every way. Robert was very genuine, patient and professional. Walking in,... I had no idea what to expect but he went above and beyond to explain the entire process thoroughly. He guided and informed me of my rights. Patty was amazing, she answered every question I had no matter how many times I called, she was very understanding. I highly recommend Hornberger Verbitsky, P.C. Even if its just for questions on how to navigate this process.read more
Kerri
Kerri
16:57 17 Sep 21
Rob and his team are by far one of the greatest! Patty is amazing and will make sure all of your questions are... addressed and responded to. Rob and his team made a very tough time in my life as simple as possible. Rob is extremely knowledgeable and very empathetic. Patty was a pleasure to work with and I would recommend this firm to anyone that needs a great divorce attorney. Thank you for all of your help!read more
Angela Thearle
Angela Thearle
00:21 07 Aug 21
Hornberger law was the best choice I made when I needed to go to family court with my ex for custody of my children.... They were there at any time when I neeeded them. Going through a custody battle can be a huge emotional rollercoaster and very painful. They helped me through it and made it less painful and heartbreaking. And I got the outcome plus more than I expectedread more
Tammy Granville
Tammy Granville
11:49 04 Jul 21
Everyone was very professional. Never had to call to get an update on my case. Someone always updated me on a regular... basis.read more
LilMissPerfct Dessie
LilMissPerfct Dessie
06:46 11 Feb 21
I am a graduate of Norland English nanny college. I thank God every day that Mr. Robert Hornberger protected my clients... in the legal ways i could not. Children are a blessing not a blender to be fought over during some silly spat!read more
Anastasia R
Anastasia R
22:45 17 Dec 20
I went to see Rob for a modification for my child custody agreement to relocate, I can honestly say that working with... Rob and Christine has been the best experience. I cannot recommend them enough I only wish I had seen them sooner. They are prompt with communication, and they are honest which I appreciate so much. They do not give you fake promises and they do their best to fight for what you want which they do amazingly well! You can tell they are passionate about what they do and care about their clients. A very important aspect of lawyer client relationship for me is an open line of communication, the anxiety of the unknown always gets the best of us. The fact they were always available whether it be phone call or email to answer any question was extremely comforting and exactly what I needed. I am not well versed with laws and regulation so knowing I had Rob and his partners there when I was unsure or conflicted was extremely needed and greatly appreciated.When it comes to family court it's never easy but having Rob and his partner by my side I felt extremely comfortable and he helped me have realistic expectations. Please TRUST HIM!! If you're looking for a lawyer (at least for my end from child custody/Family Court) don't look any further you will not be disappointed. I hope to never have to use them again but in the event I have to, they are going to be my forever first call.read more
A Google User
A Google User
15:42 16 Sep 20
I hired Robert to handle a child custody and child support matter. He was prompt and professional and was able to... achieve a result that 3 prior attorneys could not. He and his staff made a stressful situation easy. I highly recommend his office.read more
Ann Masten
Ann Masten
17:48 12 May 20
I am a paralegal in an unrelated field of law. I phoned Hornberger Verbitsky, P.C. today intending to refer a client... to their office. Instead (and despite that we are the midst of the present crisis), Mr. Hornberger himself graciously accommodated my questions over the telephone, and was generous with his time and adroit in his response, saving our client a small fortune in unnecessary legal fees. I have not had any similar experience, in which counsel was so generous with his expertise, in 22+ years of interacting with prominent, local attorneys, and the client is overjoyed. Based on this experience, I would now whole -heartedly recommend this firm as trusted professionals to any client requiring a firm expert in family law and related legal issues.read more
Everett Roberts
Everett Roberts
14:30 18 Mar 20
Going through a divorce was very challenging and emotional. Searching for an attorney can be challenging as well when... you consider everything that is at stake. The choice I made to work with Rob Hornberger was surely the best choice available. His professionalism, expertise, and understanding made him and the entire team perfectly suited to achieve the outcomes I desired. Rob was always available to answer my questions and give me advice and legal considerations that affected my situation. The support I received from his staff was exemplary as well. The staff was courteous, kind, and also very professional. Thank you so much Rob and team for a worry free experience.read more
Annemarie Cusumano
Annemarie Cusumano
21:41 17 Mar 20
Being in family court especially when your children are on the line is extremely emotional and stressful but working... with Robert and Christine put me at ease and made the process as pleasant as a situation like that can be. I have a now 3 year old daughter (who is the most important person in my life) and I've been working with them for over two years since my daughter was 7 months old, the case has been up and down and through it all Rob and Christine have never given up. My original case was due to a neglect charge. Cps is not easy to work with, but Rob and Christine were vigilant and I ended up getting my daughter back within 8 months and did not have to plead guilty to the neglect. Currently I am in family court to figure out a custody agreement. They are professional, empathetic, and patient. They have always explained everything thoroughly, informed me of all my options and advised me of what my best option would be. They always respond quickly when I contact them with questions or concerns and most importantly they fight for me in court and don't give up even when things get rough. Before hiring Rob and Christine I met with other attorneys who did not make me feel confident or comfortable at all about my case, so I am very grateful to have found Rob and Christine and to be represented by such great attorneys. I highly recommend them for any family court matters and will definitely continue to use them in the future if needed.read more
Randi Gottlieb
Randi Gottlieb
18:47 03 Mar 20
Hornberger Verbitsky, P.C. - Mr. Robert Hornberger and his staff are beyond professional, they quickly gave me my... consultation appointment, and helped me with an after-Divorce issue. Mr. Hornberger was empathetic and explained to me what I should expect. Mr. Hornberger was extremely professional and advised me of my options, he helped me proceed with accurate and smart decisions. I wish I had Mr. Hornberger and his highly recommended staff when I was getting divorced. I would highly recommend Robert and his staff to anyone who is getting a divorce or in need of help with situations after the divorce!read more
Rob Spielmann
Rob Spielmann
22:15 27 Feb 20
They made our process so easy. They were there to answer and help with any questions that came up. Very friendly
Ashley Hubner
Ashley Hubner
20:30 14 Feb 20
Navigating my divorce was a challenging experience to say the least, but I was supported and guided every step of the... way by my attorney, Robert. With the daunting task of hiring a divorce lawyer, I knew I would need someone with the right combination of knowledge, compassion and integrity. Robert has a strong background in family law, sincere character and direct communication to be superior to the others. He and his staff were professional and caring. I always felt I was in good hands. I highly recommend the Law Offices Hornberger and Verbitsky for the legal expertise, compassion and understanding of the many complex facets associated with divorce.read more
Thomas Livingston
Thomas Livingston
21:31 26 Jan 20
Robert and Christine are the epitome of professionalism. They helped us with the purchase of our new home. They were... efficient, dedicated, and focused on making our closing as seamless as possible.read more
Sheila Vasata
Sheila Vasata
23:35 14 Jan 20
Robert Hornberger has been a friend of mine and my family for years. He has helped us all in ways that are too... numerable to mention. I went through a divorce that I don’t think I could’ve done if I didn’t have Robert by my side. He is vivacious, motivated, knowledgeable, and has an extreme desire to succeed and excel...and he does! He goes over and above for all of his clientele. I would recommend his law firm to anybody who is looking for a Great Lawyer with integrity!read more
Next Reviews
js_loader
   

Robert E. Hornberger, Esq., P.C. respects your right to privacy. We will never sell your information to any third party. Follow this link to read our full privacy policy.