第一,婚後收入是婚姻財產,婚後買的房子也是婚姻財產,不管錢和房子在誰的名下。婚前的房子,如果婚後你有勞動貢獻,也是婚姻財產。都參與分配。不知道這些房子的來龍去脈,很難得說的準,但是就你所說,結婚25年,你又做了很多房子的工作,這些房子應該是參與分配的。
第二,參與分配不等於都是對半分,可能你多一點比例,可能他多一點比例,具體比例是多少,在紐約州有一個因素表,很長啊,十六個因素,每個因素都要分析,真正打起官司來很瑣碎的。見篇末。
我覺得你們不熟悉法律,不知道自己應拿多少,互相猜忌,很難達成協議。如果不想打官司的話,可以找divorce mediator(離婚協調律師),這個律師是中立者,負責回答你們法律問題,協調你們兩個人的談判,最後幫助你們填表交表等等。這個錢可能還是應該花的。
The 16 Factors Considered in Equitable Distribution
- How much money and property each person had when they got married, and how much they have now.
- How long the marriage lasted and the age and health of both people.
- Whether one person needs to keep the family home or other belongings for the sake of the children.
- Whether one person will lose inheritance or pension benefits because of the divorce.
- Whether one person will lose health insurance because of the divorce.
- Whether one person will get spousal support (alimony) payments from the other.
- Whether one person contributed to the acquisition of property even if they don’t have their name on it (like by being a stay-at-home parent).
- Whether the property is easy to sell (liquid) or harder to sell (non-liquid).
- What the financial situation will be for each person after the divorce?
- Whether it is difficult to put a value on some assets like a business or a professional license.
- How taxes will affect each person’s financial situation.
- Whether either person wasted (spent or lost) assets on purpose during the marriage.
- Whether either person gave away or sold the property for less than it was worth to try to keep it away from the other person in the divorce.
- Whether there was any domestic violence between the two people.
- If the couple has a pet, the court will consider what is best for the pet.
- Any other factors that the court decides are fair and reasonable to consider.