Thank you for sharing!

Your article was successfully shared with the contacts you provided.

matrimonial law divorce money property One of the first questions a matrimonial lawyer hears from a prospective client is, “What percentage am I entitled to?” (or conversely, “how much is my spouse going to get?”). Equitable distribution means that the answer is usually, “it depends.” Not all marital assets need be divided equally or alike. A growing number of cases, including a just-issued First Department decision, suggest that when business assets are at issue, the answer could be as low as 10 percent of the value of those assets.

The basic concept of equitable distribution is that, upon the divorce, marital assets—those acquired during the marriage—are going to be split between the parties. However, a non-titled spouse is not necessarily entitled to 50 percent of any or all the marital assets. Business assets are a particular case in point. In recent years, New York courts have acknowledged that business assets are in a class by themselves. Even where the non-titled spouse has made a moderate direct or indirect contribution to the business, he or she typically will not receive more than 30 percent of the value of the other spouse’s business assets and the percentage may be substantially less, depending upon the facts.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?


Library of New York Civil Discovery FormsBook

Library of New York Civil Discovery Forms is a library of over 150+ sample documents and forms selected from Smart Litigator New York, a complete, affordable, NY-specific...

Get More Information

America's Claims Executive (ACE) 2020Event

ACE Leadership Forum & Expo is the annual conference for Senior Claims Managers in Insurance organizations.

Get More Information

Banking Litigation & Regulation Forum 2020Event

Delivers the key insights and practical solutions to acutely address the complex minefield of UK banking litigation & regulation.

Get More Information

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.