Property Distribution for LGBT Divorces in NY

New York Property Division in Same-Sex Marriages

Property division can be one of the most contentious aspects of a divorce as both sides become emotionally involved in fighting for a just outcome to the matter. Any individual going through a divorce needs the advice of an experienced attorney in order to ensure his or her rights are protected and the division of property is fair.

Gays and lesbians, however, face additional complications that make the help of a Long Island LGBT divorce attorney even more important. For example, if a woman has children from a previous, heterosexual marriage and obtained the marital home during that divorce, this asset would go first to the ex-partner she is currently divorcing, rather than her children. Additionally, dividing assets with a federal government basis, such as 401Ks, can be challenging due to the lack of recognition given by the federal government for same-sex marriages.

Consult a Lawyer for Gay & Lesbian Divorce in NY

An insightful attorney who can identify creative solutions to the specific issues of your divorce can mean all the difference to your future quality of life, along that of your children. New York is equitable distribution state and this law applies fully to same-sex divorces. Equitable distribution does not mean property is split 50/50 but in a way that is deemed fair to both parties. Should your property division be decided by the court, many factors will be taken into account in determining how this is best achieved. You may, however, come to an agreement with your ex-partner regarding these matters without court involvement. A higher level of protection and security can be offered by prenuptial & postnuptial agreements formed prior to a divorce. The legal team at Friedman & Friedman PLLC, Attorneys at Law has the knowledge and experience to help with all of your legal needs.