A marital residence is often the largest marital asset, whether it is a house, condo or a co-op. Pursuant to the NY Domestic Relations Law, marital residence obtained during the marriage is subject to “equitable distribution” at divorce. Equitable distribution means that assets such as marital home should be divided fairly between the spouses. However, fair does not necessarily mean equal. In reality, fair could mean that one spouse receives a greater share of the proceeds than the other.
Divorce is an emotional and challenging process. It requires you to change course and envision a different sort of future. Suddenly, you don’t know how things in your life are going to shape up. How often will you see your kids? Will you get remarried? How are you going to pay your bills?