Polly N. Passonneau, P.C.
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Equitable distribution

New York State is an equitable distribution state, not an equal distribution state. Our state laws also consider a marriage to be an economic partnership. The New York State divorce process divides everything that is considered marital property.

Separate property is excluded from this process. Separate property includes all property held prior to and at the time of your marriage, property acquired by inheritance, provided you have not put such property into joint name, proceeds from personal injury claims, and gifts from third parties to one spouse alone.

Marital property includes everything that you have acquired from the date of your marriage until you file for divorce or sign a legal separation agreement, regardless of title, including your earnings, pension contributions, and businesses developed. The portion of any such property to be distributed to the non – titled spouse varies entirely upon the equities of each unique situation.​
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LEGAL DISCLAIMER: Prior results do not guarantee a similar outcome in your case. The information on this site is offered as a public service only. It is not intended to give legal advice about a specific legal problem, nor does it create an attorney-client relationship. Due to the importance of the individual facts of every case, the generalizations we make may not necessarily be applicable to any particular case. Legal advice should not be given on a computer network, especially one which crosses state and national boundaries. The law varies from jurisdiction to jurisdiction. Proper legal advice can only be obtained from an attorney licensed to practice in your jurisdiction who is competent in the specialized area of the law, whom you consult and hire, and who then assumes the obligation to protect your rights and explain your responsibilities.
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  • Home
  • About
  • Client Resources
    • Getting Started
  • Practice Areas
    • Child Custody (Parenting Plans)
    • Child Support
    • Divorce
    • Equitable Distribution
    • Legal Separation
    • Prenuptial Agreements
    • Spousal Support
    • Results
  • Contact