Disputes over the division of marital assets are often the primary reason behind prolonged legal battles in divorce proceedings. An uncontested divorce can quickly become contentious once financial disclosures reveal previously undisclosed assets or liabilities.
Such disputes often lead to costly litigation, significantly increasing legal fees for both parties—an outcome that benefits no one.
To avoid these pitfalls, spouses are encouraged to reach a mutual agreement on the division of marital assets through mediation or collaborative divorce. Given the high volume of cases in the court system, judges generally prefer handling uncontested divorces over contested ones.
At the New York City law offices of H. Benjamin Perez & Associates, P.C., we have successfully assisted couples in resolving their divorces through collaborative law and mediation for years—achieving positive outcomes for all parties involved.
In New York, the division of marital property and debt is governed by the principle of equitable distribution. There are several ways assets may be divided in a divorce, including:
- A one-time lump sum payment to one spouse
- Structured payments made monthly or quarterly over time
- Selling property and dividing the proceeds
- One spouse compensating the other to retain specific property, such as the marital home
Whether your marital estate is modest or high net worth, reaching an agreement on asset division can save considerable time, money, and stress. Property division negotiations should be guided by an experienced NYC divorce attorney from H. Benjamin Perez & Associates, P.C.
Our team has extensive experience developing tailored solutions and crafting agreements that reflect the principles of equitable distribution.
H. Benjamin Perez & Associates, P.C. has earned a well-deserved reputation as one of the most trusted and effective divorce law firms in New York City. Here’s why:
We are highly rated by the nationally recognized legal directory Avvo®, earning a "Superb" rating for family law and receiving the Clients' Choice Award in 2012.
Our attorneys actively engage in continuing legal education and have served on the Executive Committee of the New York State Bar Association’s Family Law Section since 2003. This committee reviews existing statutes, drafts proposed legislation, and recommends changes to the New York State Legislature.
Every couple’s financial situation is unique, which is why a comprehensive valuation of marital and personal property should be conducted early in the divorce process. While some property valuations are straightforward, many involve complex financial circumstances where numerous assets must be properly identified and valued.
Examples of assets that may require valuation include:
- Real estate
- Stock and investment accounts
- Retirement and pension plans
- Business interests
- Art collections and other high-value personal property
The value of certain properties may be more complex than a standard market appraisal, particularly when future redevelopment or other latent potential affects valuation.
We are committed to protecting your property rights and approach the valuation of marital assets with precision and care. In many cases, separate and marital funds become commingled, making the valuation and classification of assets more complex. Fortunately, our firm works with highly skilled financial professionals who assist in resolving complex asset entanglements—especially in high net worth divorces and long-term marriages.
If you are considering divorce or need assistance with property division, contact our office to schedule a consultation. We’ll discuss your unique circumstances and help you plan a strategy that protects your financial interests.
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