Given that New York recognizes equitable division of marital estates, you and your spouse will be required to divide your assets fairly unless you agree to some other sort of settlement. While many people think that this means that their assets have to be divided evenly, this simply isn’t the case in our state. Therefore, there’s room to argue over what sort of division is fair. Heading into your divorce, then, it’s advantageous to have arguments lined up that justify why your proposed distribution scheme is proper.
But what arguments can you make in your divorce case to ensure you receive your fair share of the marital estate? This is a good question that you should consider well before you enter negotiations and litigation. So, let’s jump in and look at some arguments that may be appropriate to make in your case.
As the court considers equitable division of your marital estate, it’ll take several factors into account. Therefore, as you ready yourself for the process ahead, consider whether you can make any of the following arguments to your advantage:
- Your financial resources demand a larger share: The financial positioning of each spouse is a key factor in the court’s determination. Therefore, if you’re going to be on shakier financial footing than your spouse when your divorce is finalized, you may have a stronger argument that you require a larger portion of the marital estate to ensure that you can maintain a standard of living that at least somewhat resembles what you enjoyed during your marriage.
- Your age should be taken into account: Your age can play a role in your ability to work, earn a meaningful wage, and rebuild your wealth post-divorce. If you’re older, then your options may be more limited. This would warrant a request for a larger share of the marital estate, especially if your spouse is younger and has more working years ahead of them.
- You’ll be primarily responsible for raising your children: If you’re going to be the custodial parent, then you’ll need more financial resources to adequately care for your children. Although you can seek child support to help here, that simply may not be enough. This will give you a strong basis upon which to rest your argument for a bigger piece of the marital estate.
- You made significant contributions to the marital estate: Your sacrifices and contributions matter when it comes to property division. If you gave up your career to stay home with your children so that your spouse could advance their career, then you’re going to be in a more difficult position when your divorce is finalized while your spouse enjoys a better financial situation thanks, at least in part, to your support. These types of situations warrant a request for more marital assets during the property division process.
Advocate for the financial resources you deserve
You only get one chance to argue for the financial resources that you need and deserve. Therefore, you should enter your divorce with a well-defined gameplan. If you try to improvise your arguments, then you’ll likely make mistakes that prevent you from obtaining the outcome that you want. So, now is the time to start thinking through your legal strategy. If that has you on edge, don’t worry. You can inform yourself about the process and wrap yourself in any support that you may need to properly advocate for a fair and favorable resolution.