I wish you could get a lawyer.
Here’s what New York judges consider in dividing marital property:
- The duration of marriage
- Each spouse’s income and property during and after the marriage. Property includes business interests, investments such as stocks and bonds, 401(k) plans and retirement plans.
- Each spouse’s contribution to the marriage. If one spouse stayed at home to take care of the family, the court will consider that the same as monetary contribution.
- Each spouse’s age and health.
- Which spouse was awarded custody of the children. This is especially considered when determining who keeps the marital home.
- Whether one spouse was granted spousal maintenance.
- Each spouse’s potential future earnings or future financial conditions.
- The liquidity of marital property. Cash in hand or in a bank can easily be divided whereas real estate can only be divided after sale.
