How do I handle the division of marital assets in a collaborative divorce?
In a collaborative divorce in New York, marital assets are divided in accordance with New York laws. The court will consider various factors such as the length of the marriage, contribution of each partner to the assets, and current financial needs of both parties. The court will then make an equitable distribution of the assets. When dividing assets during a collaborative divorce, both parties should discuss how the division of the assets will occur. It is important to reach an agreement that is fair and equitable to both parties. The court may divide assets such as real estate, cars, jewelry, bank accounts, and furniture. In addition, retirement funds and businesses may be subject to division. Both parties should also consider whether assets should be sold or given to one of the parties. If assets are to be sold, the court will consider the current market value of these assets. The court will also consider state and federal tax implications when valuing assets and distributing them between spouses. When deciding what assets each spouse will receive, both parties must consider their future financial security. If both parties agree, they can create their own agreement regarding the division of assets or have a mediator assist in the process. This agreement should include the details of the division and be legally binding. No matter how the division of assets is handled in a collaborative divorce, it is important to ensure that the assets are divided in a fair and equitable manner. The court will ultimately review the agreement and the division to make sure the decision is in the best interests of both parties.
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