Property Division Lawyer in Queens, NY

Ending a marriage is rarely a simple process, and figuring out who gets what can be a time-consuming ordeal. Dividing property is an important part of dissolving your marriage and can have impacts long after the agreement is signed. Working with a skilled family law attorney like Joseph H. Nivin can help safeguard your interests with the personalized attention you deserve. For a free consultation, contact us online, or give us a call at 347-657-6271 today!

Property division can be one of the most complex and emotionally charged aspects of a divorce. In Queens, New York, couples going through a separation must navigate the state’s equitable distribution laws, which aim to divide assets fairly—not necessarily equally. This process requires thorough legal knowledge and strategic planning to ensure your financial rights are protected both now and in the future.

At The Law Offices of Joseph H. Nivin, P.C., we help individuals understand what they’re entitled to under New York law and work diligently to ensure fair division of assets. Whether you are dealing with a straightforward split or a more complicated high-asset divorce, our experienced team is here to guide you every step of the way.

Contact us today to schedule a consultation with a trusted property division lawyer in Queens and start building a plan for your financial future.

Understanding Property Division in a Queens Divorce

In New York, property is categorized into two main types when a couple divorces: marital property and separate property. This distinction plays a central role in how assets are divided.

Marital property includes most assets acquired by either spouse during the marriage, such as income, real estate, investments, and retirement accounts.
Separate property includes assets owned before the marriage, as well as certain inheritances, personal gifts, or legal settlements received by one spouse individually.

While separate property generally remains with its original owner, complications often arise when assets become "commingled"—for example, when one spouse uses separate funds to renovate a marital home or deposits inheritance money into a joint account.

Since New York follows equitable distribution principles, the court aims to divide marital property in a manner that is fair. This doesn’t always mean a 50/50 split. Courts evaluate a number of factors to determine what’s equitable.

Key Factors in Equitable Distribution

To determine a fair division of property, the court will take the following into account:

Length of the marriage
Age and health of both spouses
Earning potential and income of each spouse
Contributions made by each spouse (including non-monetary contributions like child-rearing or homemaking)
Custodial arrangements for any minor children
Debts and liabilities acquired during the marriage
The value and liquidity of the assets involved

This individualized approach ensures that each spouse walks away with a share of the marital estate that reflects both their past contributions and their future needs.

Property Division in High-Asset Divorces

For couples with substantial wealth or complex financial portfolios, dividing property can become significantly more intricate. Common high-asset issues include business ownership, investment properties, stock options, intellectual property, and multiple retirement accounts.

In these cases, determining whether an asset is marital or separate may require expert valuation, forensic accounting, and a deep understanding of financial structuring. If you or your spouse owns a business, for instance, it might be considered marital property even if it was established before the marriage—especially if marital funds were used to grow the business or if the other spouse contributed to its operation.

The Law Offices of Joseph H. Nivin, P.C., is well-versed in managing high-net-worth divorce cases and can help protect your financial interests throughout the process.

Additional Insight: Handling Commingled Assets

One of the biggest challenges in divorce proceedings arises when separate property becomes intertwined with marital property. This is known as commingling. For example, using funds from a joint account to improve a property inherited by one spouse can convert that separate asset—at least in part—into marital property.

To address these concerns, it’s essential to work with an attorney who can trace financial transactions and present compelling evidence in support of your claim. Documentation, account statements, and expert testimony often play a critical role in determining how commingled assets are divided.

Is New York a Community Property State?

No. Unlike community property states, where all assets acquired during the marriage are divided equally (50/50), New York adheres to equitable distribution principles. That means the division is based on fairness and the unique circumstances of the case.

This distinction is especially important for couples going through a divorce in Queens, where the diverse economic landscape and cost of living can significantly impact what’s considered “equitable.”

Local Knowledge Matters: Equitable Distribution in Queens

Understanding the specific legal environment of Queens County can be an asset in and of itself. Local courts, judges, and procedural practices can influence how a case is resolved. Working with a Queens property division attorney who is familiar with local expectations gives you an advantage when advocating for a fair settlement.

FAQs: Common Questions About Property Division in Queens

How long does equitable distribution take in a divorce case?

The timeline depends on factors such as the complexity of your assets and how willing both parties are to cooperate. Simple cases may be resolved in a few months, while contested or high-asset divorces can take a year or longer.

Does a prenuptial agreement override property division laws?

Yes. If you have a valid prenuptial or postnuptial agreement, it can control how property is divided. However, the court must still confirm that the agreement is legally sound and not unconscionable.

Are gifts considered marital or separate property?

Gifts made to one spouse alone—such as a birthday or graduation gift—are generally considered separate property, unless they were clearly intended for both parties or used to benefit the marriage.

Can my spouse claim a portion of my retirement or pension?

In most cases, yes. Retirement benefits accumulated during the marriage are typically considered marital property and subject to division, even if only one spouse’s name is on the account.

What can I do to protect my separate property?

Proper documentation and keeping assets in separate accounts can help preserve their status. A property division lawyer in Queens can also assist in gathering the evidence necessary to establish the separate nature of your property.

Protect Your Interests. Contact Us Today.

If you have made the difficult decision to end your marriage, it’s important to learn what your financial life will look like when the split is complete. A divorce does not have to mean financial ruin, leaving you to pick up the pieces. Working with a skilled lawyer like Joseph H. Nivin can help you protect your assets and negotiate an agreement both spouses can agree on. Set up a consultation today by calling 877-704-9920 or contact us online.