West Village High Asset Divorce Lawyer

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Best West Village High Asset Divorce Lawyer

Experienced High Asset Divorce Attorney in West Village, NY

Going through a divorce is never easy. Regardless of whether you initiated the divorce or were served with divorce papers, making decisions about the end of your marriage can be overwhelming and emotionally draining. These feelings can be intense when you are facing the prospect of losing half of the life you’ve built. A West Village high asset divorce lawyer can help you navigate the difficult process.

Hire a High Asset Divorce Lawyer

Since 2005, The Levoritz Law Firm has worked with dual-income couples, professionals, business owners, and executives in areas such as The Gold Coast, Celebrity Row, and The Waterfront. We represent clients throughout New York City as they face the challenges of navigating a high asset divorce. We value a strategic approach to solving your complex asset distribution challenges.

When you hire a high asset divorce lawyer from The Levoritz Law Firm, you receive support from our team of experienced family law attorneys. Our goal is for every client to come out of the divorce with the most favorable outcome possible. We use strategic filing to protect your assets and parental rights.

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Divorce Rates in New York

The divorce rate in New York, as of 2023, is 2.4 per 1,000 residents. This figure aligns with the national average divorce rate of 2.4 per 1,000 population. In New York County, according to the 2024 census, the population was 1,660,664 residents. The median household income was $106,403, while the median home value was $1,105,600.

To file for divorce as a resident of the West Village, you have to file in Manhattan at the Supreme Court of New York County, located at 60 Centre Street. In New York, the Supreme Court holds exclusive jurisdiction over all matrimonial actions within the state.

Dividing the Marital Estate in New York

In New York, all marital property is considered together and referred to as the marital estate. Marital property includes all assets and debts acquired by either spouse over the course of the marriage. Assets and debts acquired without the other spouse’s knowledge are still considered part of the marital estate. Gifts given by one spouse to the other are also considered marital property.

Exceptions

There are some exceptions to what is considered marital property. Gifts given solely to one spouse are considered separate property. Likewise, if one spouse receives an inheritance or compensation from a personal injury claim, that remains separate property.

Issues can arise when separate property is mixed into marital property. Called commingled property, these assets become marital property unless the origin of the transactions can be traced back to one spouse and identified as separate property.

Once the marital estate is identified, the court distributes the estate using the guideline of equitable distribution. Using this method, the marital estate is not split strictly 50/50. Instead, the judge considers numerous factors of the marriage and decides what percentage of the estate each spouse should receive.

Special Considerations in a High Asset Divorce in West Village

When a couple has a high net value, there are special considerations during the divorce process in West Village, NY. These considerations include:

  • Accurate valuation of assets: Couples with multiple properties, businesses, retirement accounts, investments, or luxury items need to have these items properly valued before distribution can begin. If any items are over- or under-valued, it could affect the value of the items received by either spouse.
  • Asset distribution: Once everything has been valued, the couple also has to consider which methods of distribution are appropriate. Dividing assets of equal value can prevent the lengthy process of selling and then distributing the proceeds.
  • Spousal maintenance and child support: High earners may be required to pay higher than average maintenance or child support payments to maintain the standard of living experienced before the divorce began.

FAQs About West Village, NYC High Asset Divorce Laws

What Assets Are Untouchable During a Divorce in New York?

In New York, only the marital estate is divided during a divorce, meaning any separate property remains with its original owner. Separate property most often includes any assets or debts owned before the marriage began, gifts and inheritances received during the marriage, and compensation awarded from a personal injury claim.

Why Is Moving Out the Biggest Mistake During a Divorce?

Moving out of the marital home is considered the biggest mistake during a divorce for several reasons. Moving out can jeopardize your claim on the marital home and hinder your case when trying to obtain custody of any minor children. You are also likely to face increased financial strain if you are required to continue paying your share of the bills for the marital home and all of the bills for the home you move into.

Is a 401(k) Considered Marital Assets During a Divorce in West Village?

A 401(k) is partially considered a marital asset during a divorce in West Village. Contributions made to the 401(k) during the length of the marriage are considered part of the marital estate and subject to distribution. If the 401(k) was created before the marriage began, contributions made are considered separate property and not subject to distribution.

What Is a Statement of Net Worth?

A statement of net worth, also referred to as an SNW, is a required document within the New York court system for divorce and family law cases. The SNW provides a detailed snapshot of a person’s financial life. The specific categories include income, monthly expenses, assets, liabilities, and asset transfers made within a certain time period.

Does New York Limit Spousal Maintenance in High Asset Divorces?

Yes, New York uses an income cap of $228,000 when deciding issues of spousal maintenance during a divorce. However, income earned over this cap can be considered for spousal maintenance payments based on the discretion of the judge. Extra maintenance may be awarded based on the established standard of living, the length of the marriage, the individual contributions of each spouse to the marriage, and other relevant factors.

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Contact The Levoritz Law Firm

When going through a high asset divorce in New York City, you need a divorce attorney knowledgeable in the local, state, and federal laws that could affect your case. Dividing complex assets can have a significant impact on your current and future tax implications, business interests, and professional standing. Call or contact The Levoritz Law Firm today to schedule your initial consultation.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Yonatan Levoritz who has more than 20 years of legal experience as a divorce & family attorney.

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