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so equitable distribution which is how
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are ass how assets are actually divided
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in New York which means Equitable not
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equal is very important because there
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are several factors that are looked at
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in order to divide the assets so we have
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to remember yes usually if there are
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children and it’s a longish marriage
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it’s going to be 5050 for most of the
0:27
assets but the court will look at
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various factors and when you’re
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negotiating Your settlement you have to
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be aware of those factors too because
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they will influence how your settlement
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is going to be actually um you know come
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to fruition so it’s the length of the
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marriage length of the marriage is very
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important longer marriage you’re going
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to probably get a higher percentage um
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more likely that it’s going to be a 5050
0:51
split of most of the assets if not all
0:54
of the assets business assets as I’ve
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said before are treated differently but
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everything else basically 50/50 age of
1:01
the parties their health um those are
1:04
things that going to be looked at the
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value of the assets and the value of the
1:10
assets when you came into marriage so
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what did you come into the marriage with
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and what is there now to divide that’s
1:17
something that’s going to be important
1:19
as well what alimony or spousal support
1:22
is being paid that’s going to be a
1:24
factor in this whether the spouse who is
1:27
actually receiving the equitable
1:29
distribution
1:30
um whether there’s a need for someone to
1:32
stay in the marital home that’s going to
1:35
be a factor whether somebody has
1:37
contributed what are their contributions
1:39
have they helped to raise um children
1:42
stepchildren um are their children with
1:44
disabilities all of those are going to
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be factors and so the court looks at all
1:49
of these plus other factors in
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determining equitable distribution
1:54
they’ll also look at separate property
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is there someone who has come into the
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marriage or has inherited separate
1:59
property
2:00
um meaning that is your property alone
2:03
you either came into the marriage with
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it and you kept separate and apart and
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you did not cingle it or you inherited
2:11
it during the marriage and you kept it
2:13
separate and apart and have traced it
2:14
and can identify it so these will all be
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factors in equitable distribution