By Brian Figeroux, Esq.

Equitable distribution is a legal principle governing marital property division during a divorce. In New York State, this principle ensures that assets and debts acquired during the marriage are divided fairly, though not necessarily equally. This analysis will delve into the rules and processes of equitable distribution in New York, focusing on how these rules apply to assets within and outside the United States.

1. Understanding Equitable Distribution

Equitable distribution in New York is based on the premise that marriage is an economic partnership. Upon divorce, the assets and liabilities accumulated during the marriage should be divided fairly by both parties. Key points include:

• Marital Property: This includes assets and debts acquired by either spouse during the marriage, regardless of whose name is on the title. Examples include real estate, bank accounts, retirement accounts, businesses, and personal property.
• Separate Property: This consists of assets and debts acquired before the marriage, inheritances, gifts from third parties (not the spouse), personal injury awards, and property defined as separate in a prenuptial agreement.

2. Factors Influencing Equitable Distribution

New York courts consider several factors when determining the equitable distribution of marital property. These factors include:

• Income and Property: The income and property of each spouse at the time of the marriage and at the time of the divorce.
• Duration of Marriage: The length of the marriage and the age and health of both spouses.
• Contributions: The contributions of each spouse to the marriage, including homemaking and child-rearing efforts.
• Future Financial Circumstances: The future financial circumstances of each spouse, including the potential loss of inheritance and pension rights upon divorce.
• Wasteful Dissipation: Any transfer or encumbrance made to contemplate divorce without fair consideration.

3. Process of Equitable Distribution

The process of equitable distribution involves several steps:

• Asset Identification: The first step is to identify all marital and separate property. This includes a comprehensive inventory of assets and debts.
• Valuation: Each asset must be valued. This often requires real estate, businesses, and other significant assets appraisals.
• Distribution: The court will decide on the fair distribution of assets and debts based on the factors mentioned above.

4. Equitable Distribution of Assets Outside the United States

Regarding assets outside the United States, the process becomes more complex due to additional legal and practical considerations. Key aspects include:

• Jurisdiction: New York courts must have jurisdiction over the foreign assets. This is generally not an issue if one spouse resides in New York and the foreign asset was acquired during the marriage.
• Valuation and Division: Valuing foreign assets may require expertise in the relevant country’s property laws and market conditions. The division may also be complicated by differing legal systems.
• Enforcement: Enforcing a New York court’s distribution order in a foreign jurisdiction can be challenging. The court may require cooperation with foreign courts to ensure compliance.

5. Common Types of Marital Assets and Their Distribution

• Real Estate: Both domestic and international real estate are considered. The court may order the sale of the property and division of the proceeds or award one spouse the property and compensate the other with equivalent value.
• Bank Accounts and Investments: Accounts and investments held in domestic and foreign financial institutions are divided equitably. This might involve liquidating assets or transferring ownership.
• Retirement Accounts: Retirement accounts, including pensions, IRAs, and 401(k)s, are divided using Qualified Domestic Relations Orders (QDROs) or equivalents in foreign jurisdictions.
• Businesses: Valuing and dividing business interests can be particularly complex, requiring expert valuation and consideration of each spouse’s involvement in the business.

6. International Legal Considerations

When dealing with assets outside the United States, international legal considerations come into play:

• Foreign Property Laws: Different countries have varying property laws, which may affect how assets are valued and divided.
• Treaties and Agreements: International treaties and agreements between the U.S. and other countries can impact the enforcement of equitable distribution orders.
• Dual Jurisdictions: Navigating dual jurisdictions requires careful coordination to ensure that orders are recognized and enforced across borders.

7. Challenges and Practical Issues

• Disclosure and Discovery: Ensuring full disclosure of foreign assets can be challenging. Courts may require extensive discovery processes to uncover hidden or undisclosed assets.
• Currency Exchange: Valuing foreign assets involves currency exchange considerations, which can fluctuate and impact the division.
• Tax Implications: Both domestic and international tax implications must be considered when distributing assets. Tax liabilities can significantly affect the net value of the assets received.

8. Legal Assistance and Representation

Given the complexity of equitable distribution, especially involving international assets, legal assistance is often necessary:

• Expert Advice: Lawyers specializing in matrimonial law and international property issues can provide critical guidance.
• Representation: Legal representation ensures that the distribution is conducted reasonably and complies with all relevant laws and treaties.
• Negotiation and Mediation: Skilled attorneys can help negotiate acceptable settlements for both parties, potentially avoiding lengthy court battles.

Conclusion

The equitable distribution of marital assets in New York State aims to achieve a fair division based on a comprehensive evaluation of various factors. Additional complexities arise when assets are located outside the United States, including jurisdictional issues, valuation challenges, and enforcement difficulties. Understanding the rules and processes of equitable distribution and the specific legal and practical considerations for international assets is essential for anyone navigating a divorce in New York. Legal assistance is crucial in ensuring a fair and enforceable division of both domestic and international assets.

  divorce, equitable distributions, property