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New York Law - What Factors Do Courts Consider in Property Division
The judge considers the following factors in arriving at a property distribution he or she considers fair:
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Income and property of each party at the time of the marriage, and at the time of the filing for divorce.
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The duration of the marriage.
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The age and health of both parties.
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The need a custodial parent may have to occupy or own the marital residence and to use or
own the household effects.
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Loss of inheritance and pension rights upon dissolution of the marriage as of the date of dissolution.
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Any award of spousal maintenance.
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Contribution to marital property, such as joint efforts or expenditures.
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Services by a spouse as a parent, wage earner, and/or homemaker.
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Contributions to the career or career potential of the other party.
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Whether an item of marital property is easily sold for cash.
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Probable future financial circumstances of each party.
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Difficulty of evaluating a business or profession, and desirability of keeping it intact and free
from interference.
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Tax consequences.
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Wasteful spending or loss of assets by either spouse.
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Whether any assets were given away just before the filing.
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Any other factor the court finds appropriate.
Courts generally value homemaking and caring as highly as an income-producing occupation. However,
where neither party does any home making or child care, and one party does everything that is
financial, then that party is likely to keep more, especially in a short marriage.
Section 236 B.5.c., 236 B.5.d
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