When a couple decides to split for good and go for a divorce, the legal matters of the separation are quickly brought to the forefront. Even though no one wants to deal with the details of asset division and other legal complications when they are experiencing such an emotionally challenging phase of their life, it is necessary to look into these issues so a person can move on and experience happiness again.
The more assets a person has accumulated with their former spouse, the more help they will require from a legal professional to help them sort out their assets between each other. Despite popular belief, when a couple is splitting up their assets, such as the marital home, they are not automatically divided 50/50 between the spouses. In Queens, New York, neither of the spouses receive the house immediately.
If the home was bought before the marriage, then that house generally remains in the ownership of the individual who bought it. However, if ownership is shared then the court will weigh many factors to decide how much of the house goes to whom.
Marital property refers to any property that was acquired during the marriage and separate property includes anything that the individuals acquired before their marriage. Separate property that only one spouse has exclusive access to also includes any gifts that were given to them from third persons, personal injury compensation awarded to them, and any inheritance they received from relatives.
Once again, marital property is divided based on specific factors determined by the judge along with other factors such as child custody and the issuing of child and spousal support.
The entitlement of spousal support after a divorce in Queens, New York
There is a complicated formula used to determine how much spousal support is granted to the partner who needs it most. Matters such as the salaries of each spouse, length of the marriage, and whether child support is given or not help determine the exact amount of spousal support issued after one’s case.
Child support obligation add-ons are often required, and they include a mandatory award for childcare expenses, mandatory award for healthcare expenses, and discretionary award of child educational expenses as well.
The decisions made by the court take effect almost immediately and play a significant role in helping a person start their new life, hopefully on a much happier note. A person should connect with a divorce attorney to ensure they do not miss out on what is legally and rightfully theirs.
Get in touch with a divorce lawyer at the Law Office of Charles Zolot today.
Reach us at:
37-06 82nd Street
Jackson Heights, NY 11372
Phone (718) 779-6545
Fax (718) 779-6640