Decisions based on the distribution of assets accumulated over your marriage can make divorce a lengthy process. Even in the decision to get a divorce was made amicably, fighting over who is entitled to what can quickly turn matters sour. At Simonetti & Associates, our attorneys are well versed in all aspects of divorce. If you’re wondering what a wife is entitled to in a divorce, our divorce lawyer in Smithtown has the answers you need.
Community vs. Non-Community PropertyTo determine which assets go where the court will separate them into community and non-community property classifications. Non-community property can not be split up, so whoever had legal ownership before the divorce will remain the owner after. A breakdown of how community and non-community property is determined can be seen below:
Community Property: Includes all earnings and what was purchased with these earnings during the marriage. Debts acquired during the marriage are also considered to be community property.
Property Of One Spouse: Assets deemed to be the property of one spouse will typically be considered to be non-community property. These assets can include gifts and inheritance given specifically to one spouse, pensions acquired/businesses owned before the marriage, and personal injury settlement awards.
Assets The Wife Is Entitled ToAs previously stated, any assets deemed to be non-community property that is owned by a wife cannot be separated from her. However, our divorce lawyer in Smithtown warns that is not all she is entitled to. Every asset that is community property can be split up between or awarded to either spouse. The dispersion of these assets is up to the court’s discretion, but our attorneys will do everything in their power to help you achieve a favorable ruling. When distributing assets the courts will take the following into account:
The Length of the Marriage
- The income of both spouses at the time of marriage
- Both spouses age and health
- Any loss of inheritance or pension benefits
- Whether the custodial parent will need certain assets such as property to help raise the child
- If one spouse was primarily an at-home a caretaker to benefit the family