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Divorce Settlements: Who Gets What- Am I Entitled To Half?


Transcript

hi I’m Mark Bernstein I’m a divorce attorney in Westchester and Bronx counties today we’re gonna discuss whether or not you’re entitled to half of everything in your divorce stay tuned hi I’m Mark Bernstein and a lot of my clients asked me whether or not they’re entitled to half of everything in the marriage and the answer is it depends New York is an equitable distribution state which means fair does not mean 50/50 but usually the longer the marriage is the longer the courts will tend to get close to that 50/50 mark there are several factors that are considered and what your contribution is into the marriage is also considered the factors are what you contribute for example in the house it could be financial contribution it could be physical contribution it could be contribution to raising the children it could be contribution to supporting your spouse in their job and then there’s also issues as to active assets and passive assets and how they determined an active asset is something which you personally get involved with to change its outcome for example if you if you’re actively involved in stock and you make decision a passive ask that would be something that is determined by the market like a house the appreciation of a house other factors to consider other monies that are passed from one spouse to another it can be maintenance formerly known as alimony it can be child support it can be money that you’ve originally contributed to the house you might get out we call that seed money typically if you have a long term marriage I’ve had cases where the wife is the homemaker and she’s been in the marriage has been a long marriage 20 25 years and she does wind up with half the equity in the house so this is a Mark Bernstein I hope that answers your question – am i entitled to half in the state of New York if you have any other questions regarding that or anything regarding a divorce please don’t hesitate to contact me.

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