Marital Assets or Marital Properties are typically:
Marital Assets or Marital Properties are typically not:
Understanding what Property may or may not be subject to EQUITABLE DISTRIBUTION is the easy part. New York considers a multitude of factors in deciding how to split assets.
Some of the more common concerns when a spouse considers entering into a divorce proceeding is that they have no full grasp of the family finances, the spouse who handles the finances refuses to provide access or there is considerable “off the books” non taxable income.
Here the strength of our financial background can play a key role in a full discovery process. We will demand all the basic subpoenaed information, tax returns, bank accounts, credit cards but then we will work with our clients to “think outside the box” and make every attempt to discover assets or income your spouse may be trying to avoid being included in equitable distribution.
Creative discovery is often times extremely important for the “off the books” wage earner. The lifestyle and expenses incurred by these type of workers obviously do not match the reported income and our office will diligently try and create an accurate accounting of true income allowing the Court to impute this income to the spouse,
A party who is either employed by or part owner of a family business offers unique challenges such as an accurate valuation of the business, partnership shares, “non cash benefits of employment, (car leases, rental property uses) Often times we will see a party Fired from the family business after years of service when a divorce proceeding begins.
The Court is empowered to impute income to spouses who for divorce strategy reasons takes up employment as a “guide on the wilderness trail” and give up that six figure job as a corporate attorney. We will chronicle the education, earning history; earning capacity and employment opportunities in the area creating a complete picture. This amount of income will be imputed to the spouse and his obligation to pay child support or maintenance is often times based on this figure.
Conversely, are financial strength allows us to explore the ever-changing economic situation and fully explore situations whereby the income of a spouse had been quite high, and through no fault of their own, dramatic and unexpected changes have affected their industry creating a situation where the spouse will earn significantly less.
THE LAW OFFICES OF ANDREW J GILBRIDE ESQ. will negotiate, argue and aggressively advocate our clients rights to the Property based on tour individual circumstances and the following factors considered by New York Courts:
PLEASE CONTACT OUR OFFICE TO SET UP A FREE PHONE CONSULTATION