Following a divorce, both spouses may have various reasons for challenging certain court decisions, especially those regarding property division. Some couples do not take the division of their marital property seriously during the divorce process, which can result in unfavorable property distribution orders. However, it is important to note that the court is often reluctant to modify property division terms after a divorce. Only under rare circumstances is the court willing to alter property division terms. Although it can be difficult and overwhelming to iron out all of the aspects of your divorce, it is important to take each process such as the division of assets seriously to ensure you reach favorable terms as you will not be able to change them once the divorce decree is final. Please continue to follow along to learn whether modifications can be made to property division terms after a divorce. In addition, please contact an experienced Rockland County Property Distribution Attorney who can help you navigate the complexities associated with the division of assets during the divorce process. 

Can I modify property division terms after a divorce in New York?

In New York, couples are rarely permitted to alter property division terms once the court has ruled out a divorce decree. Once a divorce has been finalized the terms are set. The court rarely makes exceptions to changing property division orders after a divorce. However, under rare circumstances, a couple may be permitted to alter certain property division terms. Although, for the most part, the court is unwilling to modify property division terms after a divorce. Individuals must take the commonly contested issue of property distribution seriously as the terms that are agreed upon are final once the court rules a divorce decree.

Is New York an equitable distribution state?

New York is an equitable distribution state. Therefore, the division of marital assets will not necessarily be a 50’50 split like in a community property state. The court will divide marital property between spouses in whatever way the court deems equitable and fair after evaluating several factors. There is a risk of unfavorable terms for spouses in equitable distribution states, since one spouse may receive more than the other as deemed appropriate by the court. As mentioned above, it is imperative to take the process of property distribution seriously as the terms will be set once the divorce is finalized. However, unlike property distribution, alimony, and child custody orders can be altered if there is a significant change in circumstances. For instance, if there are unanticipated changes in income, it may be grounds for modifying an existing order. However, when it comes to changing property division terms, there are only rare exceptions the court will determine as valid reasoning for changing an existing order after a divorce.

If you are seeking a divorce, it is imperative to retain experienced legal counsel. Our firm is committed to helping our clients reach favorable property division terms. Allow our firm to fight on your behalf today!