Our top priority is to protect your financial interest zealously. Assuring that you maintain financial security following your divorce is a key component from the outset. A solid game plan with well-thought strategy will allow us to position you for a favorable settlement or a strong result after trial, if necessary.
Although the majority of divorce cases settle without the need for trial, our experience and knowledge of the law will put you in a position to ensure the best possible result. Depending on your particular situation, many things may need to be considered, such as separate property claims, retirement plans, health insurance, college tuition for children, the marital home, expenses for children living at home, and more.
Zimmer & Associates have successfully negotiated thousands of agreements and we will make every effort to reach an amicable resolution to your matter. As the client, you will be involved in every step of the negotiating process so that in the end, you will be comfortable knowing that you had an active role and the best possible result was obtained for your case.
If you and your spouse cannot come to mutual agreement about how equitable distribution should be resolved, the courts will decide for you at a trial. The Court will take into consideration dozens of factors, some of which include, the length of the marriage, the income and earning capacity of each spouse, any income or assets brought to the marriage by either spouse, separate property issues, the contribution of both spouses toward a particular asset, the economic situation of each spouse following the divorce, who will be the custodial parent post-divorce, and many other factors. Having the years of experience and legal knowledge critical to your case, we can obtain the best possible result so that you can have peace of mind.
New York State follows the rule of "Equitable Distribution" for the division of property and assets in divorce cases. This is not "equal" division of property, as in other states. Thus, spouses who are considering divorce need to understand how property division will affect their various assets.
Property division and equitable distribution can be rather complex, especially where individuals have a high net worth involving a great deal of property, holdings and other liquid or non-liquid assets. In fact, it is not always apparent what assets are considered marital property, and therefore subject to division as compared to assets that are considered separate property, and therefore not subject to division.
As a general rule of thumb, those assets acquired after the date of marriage and before the commencement of an action for divorce are considered marital assets. Assets acquired prior to marriage or after the commencement of a divorce or separation action are generally considered separate property and therefore not subject to division.
However, there are exceptions to these rules involving inheritances, personal injury awards, lottery winnings, and an increase in value of separate property. Our firm will need to review your particular situation in order to advise you on which assets should be considered separate and those assets which should be considered marital.
Our firm has the experience and knowledge to handle your case. This experience can be invaluable to preserving those assets you are seeking to protect. Our firm focuses exclusively on divorce and family law cases and we are familiar with how the local courts review and determine this issue. Furthermore, in very complicated financial, asset, and property situations, it is important to have an attorney who thoroughly understands the complexities of this issue. We can help you with all of the legal details, such as locating and valuing property and negotiating the best possible settlement arrangement.