What Am I Entitled to in a Divorce in NY?

Divorce is a difficult process, both emotionally and legally. When going through a divorce, it is important to understand your rights and entitlements to ensure a fair outcome. Divorce laws vary from state to state, so if you are in New York, here is what you need to know about what you are entitled to in a divorce.

1. Division of Marital Assets: In New York, marital assets are divided equitably, which means fairly but not necessarily equally. Marital assets can include property, bank accounts, investments, retirement accounts, and even businesses.

2. Spousal Support: Spousal support, also known as alimony, may be awarded to one spouse if they are financially dependent on the other. Factors such as income, earning capacity, and the duration of the marriage are considered in determining the amount and duration of spousal support.

3. Child Custody and Visitation: When it comes to child custody, the court considers the best interests of the child. Joint custody is favored, but sole custody may be awarded if it is deemed necessary. Visitation rights are typically granted to the noncustodial parent.

4. Child Support: Both parents are responsible for the financial support of their children. Child support is calculated based on the income of both parents and the needs of the child. It is important to note that child support is separate from spousal support.

5. Health Insurance and Medical Expenses: If you have health insurance coverage through your spouse’s employer, you may be entitled to continue coverage through COBRA or another plan. Medical expenses for the children are typically divided between the parents based on their incomes.

6. Legal Fees: In some cases, the court may order one party to pay the other party’s legal fees if there is a significant financial disparity between the spouses.

7. Inheritance and Separate Property: Property acquired before the marriage or through inheritance or gift is generally considered separate property and is not subject to division. However, if separate property has been commingled or used for the benefit of the marriage, it may be subject to division.

8. Marital Debt: Marital debt, such as mortgages, loans, or credit card debt, is typically divided between the spouses. The court will consider factors such as who incurred the debt and for what purpose.

9. Retirement Benefits: Retirement benefits earned during the marriage are generally considered marital assets and are subject to division. This includes pensions, 401(k)s, and IRAs.

Frequently Asked Questions:

1. How long does it take to get a divorce in New York?
The time it takes to get a divorce in New York can vary depending on the complexity of the case and whether the spouses can reach an agreement. It can take anywhere from a few months to over a year.

2. Can I get a divorce without going to court?
Yes, it is possible to get a divorce without going to court if both parties can agree on all aspects of the divorce, including property division, custody, and support. This is known as an uncontested divorce.

3. What if my spouse refuses to pay child support?
If your spouse refuses to pay child support, you can seek enforcement through the court. They may face penalties such as wage garnishment or even jail time for nonpayment.

4. Can I modify child custody or support orders in the future?
Yes, child custody and support orders can be modified if there has been a significant change in circumstances. This can include a change in income, relocation, or a change in the child’s needs.

5. Will infidelity affect the division of assets in a divorce?
New York is a no-fault divorce state, which means that infidelity or fault is not typically considered in the division of assets. However, it may be considered in certain circumstances, such as if one spouse used marital funds for the affair.

6. Can I keep the family home in a divorce?
Keeping the family home will depend on various factors, such as your financial situation, the value of the home, and the best interests of any children involved. It may be possible to negotiate keeping the home or arrange a buyout.

7. What if my spouse hides assets during the divorce?
If you suspect that your spouse is hiding assets, you should consult with an attorney who can help you uncover any hidden assets. The court takes a dim view of attempts to conceal assets and will ensure a fair division.

8. Can I receive both spousal support and child support?
Yes, it is possible to receive both spousal support and child support if your circumstances warrant it. Each type of support is calculated separately based on different factors.

9. What if I am not satisfied with the court’s decision?
If you are not satisfied with the court’s decision, you may have the option to appeal. However, it is important to consult with an attorney to evaluate the strength of your case and the likelihood of success.

In conclusion, understanding what you are entitled to in a divorce in New York is crucial to protect your rights and achieve a fair outcome. Consulting with an experienced divorce attorney can help navigate the complexities of the legal process and ensure your best interests are represented.