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Equitable Distribution



If you and your future ex-spouse are considering a divorce, you probably should record, measure and think about how to share all your material property. Generally, in New York State, the rule of the equitable distribution takes place. However, it is not always a 50/50 division. There are various factors and circumstances the court considers when making a final decision.

In such cases, having a top equitable distribution lawyer is crucial, especially in a big city like New York. In a perfect world, couples can probably solve their family disputes amicably, without going to a court. Unfortunately, in reality, the situation differs.

The main aim of the New York equitable distribution lawyer from the Law Office of Yelena Sharova P.C. is to find a solution that everyone will consider as the best of possible ones. However, if it is not possible, our family law attorney is ready to fight for the favorable outcome for you in a trial. Save your time and energy for more important things in your life, because you do not even need to go into court, let our New York equitable distribution lawyers do all that for you.

During the events of a divorce, the property is respected as everything of worth that belongs to the married pair. There are many things taken into account when tackling the division of property. This can include items such as furniture, rare and collectible art, vehicles, and of course residences.

The divorce lawyers at the Law Office of Yelena Sharova P.C. are capable of protecting your rights during the equitable distribution proceedings. The divorce lawyer you choose to hire should also be well versed and experienced in handling contested divorces and the division of property.


The Law Office of Yelena Sharova P.C. is a leading firm in family law. They handle each client with care and make sure the clients understand it all as they go through such turbulent proceedings. The divorce attorneys of Sharova P.C. also help make sure in all equitable distribution that debt is also equally split, as it is one of the more complex areas that the divorce attorneys at Sharova P.C. are savvy in.

During the dividing process, there are a lot of different details that will be considered by your family lawyer and a judge if necessary. New York State has a lot of hooks, which makes it even more complicated to deal with by yourselves. It is not about just splitting all your marital property in the half. It is a serious decision, which includes:

♦ How continuous your marriage used to be;

♦ What were the separate incomes and physical property of you and your former spouse;

♦ Did your income (or as well as the income of the another party) change a lot during the marriage, for example when one of the ex-spouses chose to use housekeeping after a wedding;

♦ Your projected income and possibly future income of your ex-spouse (also with job abilities and the age);

♦ Who will get a child custody and what the children will need to provide a good life;

♦ Who was paying taxes and what amount, as well as debt obligations;

♦ If there were any financial issues the court need to know about the final decision.

The thing which is not included by a judge during the marital assets distribution is a fault for the divorce caused by one of the parties.


There are three factors that are used in determining the division of property and they are:

1) The character of property

2) Value

3) Divide

These are the main three characteristics thought of in considering dividing marital property or the division of property. The character of the property is determined by the date or time the possession was acquired. Marital property is based on the things that were purchased while married or using shared marital funds. Value is decided on what is considered the fair market value of the property, based on today’s valuation and not what the purchase price was in the past. A serious and skilled divorce lawyer should be consulted when it comes to such intricate matters as past and present value. Based on what each spouse is more partial to during the division of marital property, the dividing factor can be based on what would be fair as an amount taken by each spouse.

You should remember that debts also enter the game. All the loans, obligations, and credits that were received by the couple between the day of the wedding and the day of separation are also considered as their common property.

In certain cases, things are not feasible divided, say for instance a house the couple owns together. The divorce lawyers at the Law Office of Yelena Sharova P.C. will make sure that if one person gets the house, the other will pay half for it to make sure it is an even divide of marital property or division of property.


In New York State, equitable distribution process may be much more difficult than in other states. It is not just a simple community property division, but a special procedure which requires competent legal help and professional legal representation.