What To Ask for in a Divorce

When facing divorce in New York City, understanding what to ask for in a divorce can significantly impact your future financial security and well-being. As you contemplate the next steps, knowing exactly what you’re entitled to under New York law will empower you during this challenging transition.

At Cedeño Law Group, we regularly guide clients through the complex terrain of divorce settlements across all five boroughs. From Brooklyn Heights to the Upper East Side, understanding what to ask for in a divorce is crucial regardless of your neighborhood or circumstances.

Understanding New York’s Equitable Distribution Laws

Before determining what to ask for in a divorce, it’s essential to understand that New York follows “equitable distribution” laws rather than community property principles. This means that marital assets aren’t automatically split 50/50 as they might be while crossing the Hudson to New Jersey.

Instead, New York courts divide property based on what’s deemed fair, considering factors such as:

• Each spouse’s income and property at marriage and divorce
• The marriage duration
• Each spouse’s age and health
• The need for the custodial parent to occupy the family home
• Potential loss of pension rights
• Contributions as a homemaker or to the other’s career

Essential Financial Elements to Consider When Determining What to Ask for in a Divorce

1. Division of Marital Property and Assets

When deciding what to ask for during the divorce process, begin with a comprehensive inventory of all marital assets. These typically include:

• Real estate (including that Manhattan co-op or Brooklyn brownstone)
• Retirement accounts and pensions
• Investment portfolios and brokerage accounts
• Bank accounts
• Business interests
• Valuable collectibles
• Vehicles

Many New Yorkers are surprised to learn that professional degrees or licenses obtained during marriage can be considered marital property under New York law. If you supported your spouse through Columbia Law School or NYU Medical School, you might be entitled to compensation for that investment.

2. The Marital Home

For many families, especially those in New York’s competitive real estate market, the marital residence represents the most significant asset. When determining what to ask for in a divorce, several options exist regarding the family home:

• Selling the property and dividing the proceeds
• Buying out your spouse’s interest
• Continuing to co-own the property temporarily (particularly common when children are involved)
• Deferred sale arrangements

If you have children attending local schools like Stuyvesant High School or P.S. 321 in Park Slope, maintaining housing stability might influence negotiations about the marital home.

3. Spousal Maintenance (Alimony)

Spousal maintenance remains an important consideration when determining what to ask for in a divorce. New York has established guidelines for calculating temporary maintenance during divorce proceedings, though final maintenance awards consider additional factors, including:

• Standard of living established during marriage
• Income disparity between spouses
• Career sacrifices made by either party
• Educational needs of the spouse seeking maintenance
• Tax consequences

Whether you’ve been living in a luxury apartment overlooking Washington Square Park or a modest home in Flushing, the standard of living established during your marriage influences maintenance determinations.

4. Child Support and Custody Arrangements

For parents, child-related matters typically become the most emotionally charged aspect when deciding what to ask for in a divorce. New York’s Child Support Standards Act provides guidelines for basic child support calculations, but additional expenses require negotiation:

• Private school tuition (common for families with children at institutions like Dalton or Trinity)
• Summer camps and extracurricular activities
• College expenses
• Childcare costs
• Health insurance and uncovered medical expenses
• Special needs considerations

Regarding custody, New York courts prioritize arrangements serving the child’s best interests. When determining what to ask for in a divorce involving children, consider:

• Legal custody (decision-making authority)
• Physical custody and parenting time schedules
• Holiday and vacation arrangements
• Transportation between homes (particularly important when navigating NYC’s complex transportation system)
• Communication protocols

5. Health Insurance and Benefits

Health insurance coverage can be easily overlooked when determining what to ask for in a divorce. If you’ve been covered under your spouse’s employer-provided health plan, you’ll need alternative arrangements post-divorce. Options include:

• COBRA coverage (temporary continuation of existing coverage)
• New York State marketplace plans
• Employer-provided coverage through your employment
• Coverage through professional associations

Similarly, life insurance policies naming you as a beneficiary may require attention when listing what to ask for in a divorce settlement.

Less Obvious Elements to Consider When Determining What to Ask for in a Divorce

1. Tax Implications

The tax consequences of your divorce settlement can significantly impact your financial future. When deciding what to ask for in a divorce, consider:

• Tax filing status changes
• Dependency exemptions for children
• Capital gains implications of property transfers
• Tax treatment of retirement account divisions
• Deductibility of legal fees

For example, if you’re dividing investment properties in neighborhoods like Tribeca or the Financial District, understanding potential capital gains tax liabilities is crucial.

2. Debt Division

Marital debts require the same careful attention as assets when determining what to ask for in a divorce. Common debts include:

• Mortgage loans
• Credit card balances
• Student loans (though potentially separate property)
• Auto loans
• Personal loans
• Business debts

New Yorkers often carry significant debt related to housing costs or education. Understanding which debts you’re responsible for should be central to what you ask for in a divorce.

3. Retirement and Pension Benefits

For long-term marriages especially, retirement assets often represent a significant portion of marital wealth. When considering what to ask for in a divorce, remember that:

• 401(k)s, IRAs, and pension plans acquired during marriage are typically considered marital property
• Special court orders (Qualified Domestic Relations Orders or QDROs) are required to divide many retirement accounts
• Different retirement vehicles have different valuation and division challenges

Whether your spouse works on Wall Street with substantial deferred compensation or teaches at a public school with a state pension, understanding these benefits is essential when determining what to ask for in a divorce.

4. Business Interests

If either spouse owns a business or professional practice—whether a boutique in SoHo, a restaurant in Little Italy, or a medical practice on Park Avenue—valuing and potentially dividing that interest becomes important when deciding what to ask for in a divorce. Consider:

• Business valuation methods
• Buy-sell agreements
• Continued ownership versus buyout options
• Protection of business operations during transition

The Negotiation Process: Achieving Your Goals

Once you’ve identified what to ask for in a divorce, developing a strategic approach to negotiations becomes critical. Consider these approaches:

1. Mediation

Many New York couples find that mediation offers a less adversarial path to resolving what to ask for in a divorce. Meeting with a neutral third party in a comfortable setting near Bryant Park or along Madison Avenue can facilitate productive conversations about asset division, support, and parenting arrangements.

2. Collaborative Divorce

The collaborative process involves specially trained attorneys who help couples determine what to ask for in a divorce without court intervention. This approach has gained popularity among professionals throughout Manhattan and Brooklyn who prefer privacy and greater control over outcomes.

3. Traditional Negotiation

Even in conventional attorney-led negotiations, understanding exactly what to ask for in a divorce strengthens your position. Whether discussions occur in law offices overlooking Columbus Circle or in courthouse corridors near Foley Square, being prepared with clear priorities is essential.

4. Litigation

When agreements cannot be reached through other methods, the New York Supreme Court will ultimately decide what each spouse receives in divorce. Even in litigation, articulating clearly what to ask for in divorce helps your attorney advocate effectively for your interests.

How a Divorce Lawyer Can Maximize Your Compensation

At Cedeño Law Group, we understand that securing fair compensation during divorce proceedings is crucial for your financial future and peace of mind as you navigate life’s next chapter in New York City.

• Strategic Asset Discovery: A skilled divorce lawyer conducts thorough investigations to uncover all marital assets, including those potentially hidden in Manhattan investment accounts or Brooklyn property holdings.
• Property Valuation Expertise: Your attorney ensures accurate valuation of all assets from Tribeca real estate to retirement accounts, preventing undervaluation that could cost you thousands in your divorce settlement.
• Negotiation Leverage: Experienced divorce lawyers understand the dynamics of negotiation, creating leverage points that strengthen your position when discussing asset division at the New York Supreme Court.
• Alimony Optimization: Your attorney advocates for appropriate spousal maintenance by analyzing factors such as lifestyle maintained during marriage, whether in an Upper East Side townhouse or Queens family home.
• Child Support Calculations: A knowledgeable divorce lawyer ensures all income sources are properly reported and that New York State Child Support Standards Act guidelines are correctly applied to maximize support for children.
• Retirement Fund Division: Your legal team protects your interests in pension plans, 401(k)s, and IRAs, using Qualified Domestic Relations Orders (QDROs) to preserve tax advantages while securing your fair share.
• Business Interest Protection: When dividing ownership in family businesses—whether a SoHo boutique or a Financial District consulting firm—your attorney employs valuation experts to ensure you receive appropriate compensation.
• Tax Consequence Navigation: Strategic divorce lawyers structure settlements with tax implications in mind, potentially saving substantial money through careful timing and characterization of asset transfers.
• Future Income Considerations: Your attorney factors in career trajectories, evaluating whether degrees earned during marriage (like those from Columbia or NYU) should be considered when determining what to ask for in a divorce.
• Health Insurance Planning: A thorough divorce strategy includes provisions for continuing medical coverage, preventing gaps that could lead to catastrophic expenses in New York’s high-cost healthcare environment.
• Debt Allocation Strategy: Your lawyer works to ensure equitable distribution of debts, protecting you from disproportionate responsibility for mortgages, credit cards, or student loans accumulated during the marriage.
• Settlement Enforcement Mechanisms: Experienced divorce attorneys build enforcement provisions into agreements, providing recourse should your ex-spouse fail to comply with Central Park property transfers or Brooklyn Heights rental proceeds.

Divorce Cases We Take

At Cedeño Law Group, we handle a wide range of divorce cases throughout New York City, providing strategic representation tailored to your specific circumstances from Manhattan to Staten Island.

• High-Net-Worth Divorces: Our team has extensive experience managing complex asset divisions involving Upper East Side real estate portfolios, business interests, investments, and other significant holdings requiring sophisticated financial analysis.
• Contested Divorces: When spouses cannot agree on key issues such as property division or custody arrangements, we provide strong advocacy in New York Supreme Court proceedings to protect your rights and interests.
• Uncontested Divorces: For couples who have reached an agreement on major divorce terms, we offer efficient legal services to formalize these arrangements properly under New York law while ensuring your interests remain protected.
• Child Custody Disputes: We handle sensitive custody matters with a focus on achieving arrangements that serve your children’s best interests, whether they attend schools in Brooklyn Heights or participate in activities near Central Park.
• Spousal Support Cases: Our attorneys skillfully negotiate or litigate maintenance issues, ensuring fair financial support based on New York’s guidelines and your specific circumstances.
• Property Division Matters: From Greenwich Village co-ops to Queens family homes, we work diligently to secure an equitable distribution of all marital assets according to New York’s equitable distribution laws.
• Business Owner Divorces: When family businesses or professional practices are involved, we employ valuation experts and strategic approaches to protect your entrepreneurial interests.
• Military Divorces: We navigate the unique challenges facing military families, including deployment considerations and specialized benefit divisions for service members stationed at Fort Hamilton or other installations.
• International Divorces: Our team handles complex cross-border divorce issues for clients with international assets or spouses residing overseas, addressing jurisdiction and enforcement challenges.
• Gray Divorces: For couples divorcing later in life, we focus on retirement security, healthcare planning, and asset protection strategies particularly important when ending longer marriages.
• Domestic Violence Cases: We provide compassionate representation for survivors seeking divorce, prioritizing safety through orders of protection and appropriate custody arrangements.
• LGBTQ+ Divorces: Our attorneys address the unique considerations in same-sex divorces, including complex parental rights issues and property division for relationships that predate legal recognition.

Ready to Protect Your Future?

Contact Cedeño Law Group today for a confidential consultation with our experienced New York divorce attorneys. From Manhattan to Queens, we’ll help you navigate what to ask for in your divorce and develop a strategy that safeguards your interests every step of the way.