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Equitable Distribution

A Discussion on Equitable Distribution During the initial divorce consultation, prospective clients often ask questions concerning Equitable Distribution, as far as it relates to the division of assets acquired during the marriage, what their spouse will be entitled to, and what they themselves will be able to retain after the divorce is finalized. The answers to the latter questions are not always cut and dry therefore, there are several things an attorney, analyzing the potential case, should go through with prospective clients. In the state of New York equitable distribution is a means to divide marital property and assets. In New York, the controlling statute pertaining to equitable distribution falls under Domestic Relations Law (DRL) Section 236B. Prior to the enactment of DRLĀ§236B, New York was a common-law state which meant that the spouse who...

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