Brayerlaw

1. JAYNE L. BRAYER, ATTORNEY
FINANCIAL IMPLICATIONS OF DIVORCE IN NEW YORK STATE

2. EQUITABLE DISTRIBUTION
• NEW YORK IS AN EQUITABLE DISTRIBUTION STATE
THE JUDGE DIVIDES MARITAL PROPERTY USUALLY 50/50
• MARITAL PROPERTY IS SHARED
• HUSBAND AND WIFE ARE SEEN AS PARTNERS WITH EQUAL SHARES
• ALL MONEY EARNED DURING MARRIAGE IS SHARED
• ALL ITEMS PURCHASED WITH MARITAL FUNDS ARE JOINT PROPERTY SUBJECT TO EQUITABLE DISTRIBUTION

3. SEPARATE PROPERTY
• ITEMS PURCHASED PRIOR TO MARRIAGE IS SEPARATE
• ENGAGEMENT RINGS ARE GIFTS
• WEDDING BANDS AND ALL JEWELRY PURCHASED DURING MARRIAGE
IS MARITAL PROPERTY, EVEN IF BOUGHT BY ONE SPOUSE AS A GIFT
TO THE OTHER

4. SEPARATE PROPERTY
• GIFTS TO ONE SPOUSE (BIRTHDAY, PROMOTION, ETC.) BY A THIRD
PARTY IS SEPARATE
• INHERITANCE IS SEPARATE
• HOMES PURCHASED BEFORE MARRIAGE MIGHT BE SEPARATE BUT
MIGHT NOT

5. HOMES
• A HOME PURCHASED BEFORE MARRIAGE IS SEPARATE, IF IT IS PAID
FOR WITH PREMARITAL MONEY.
• MISTAKE MANY MAKE IS TO BUY THE HOME, GET MARRIED AND
THINK THEY ARE PROTECTED…
• HOWEVER, WHEN THE MORTGAGE IS PAID OUT OF MARITAL FUNDS,
THE ONLY PORTION OF THE HOME THAT IS SEPARATE IS THE
DOWNPAYMENT.

6. RETIREMENT ACCOUNTS
• ANY CONTRIBUTIONS MADE TO PENSION OR 401(K) DURING THE
MARRIAGE, PLUS INTEREST ACCRUED FROM THE MARITAL
CONTRIBUTIONS ARE MARITAL PROPERTY
• THE NUMBERS GET CONFUSING AND SHOULD NOT BE ATTEMPTED BY
A LAY PERSON
• COURTS APPOINT PENSION EXPERTS TO CRUNCH THE NUMBERS AND
DRAFT THE ORDER TO SPLIT THE RETIREMENT

7. CHILD SUPPORT
• THERE ARE STATUTORY PERCENTAGES WHICH ARE PROVIDED UNDER
NEW YORK LAW.
• THE WORKING SPOUSE WILL PAY 17% FOR ONE CHILD, 25% FOR TWO
CHILDREN AND SO ON.
• USED FOR FOOD, CLOTHING AND SHELTER
• ENDS AT AGE 22 IF IN COLLEGE AND UNEMANCIPATED

8. ADD-ONS
• UNREIMBURSED MEDICAL AND DENTAL
• RELIGIOUS INSTRUCTION
• PRIVATE SCHOOL
• AFTER SCHOOL ACTIVITIES
• CHILD CARE
• COLLEGE
• USUALLY SUNY CAP

9. FIRST CONSULTATION
• WE OFFER A REDUCED FEE - $100 FOR 30 MINUTES
• INTENTION IS TO EDUCATE, NOT TO PRESSURE
• USUALLY VERY EMOTIONAL AND WE WILL NOT TAKE ADVANTAGE OF
A VULNERABLE CLIENT

10. AGGRESSIVE FOR YOU
COMPASSION TOWARD YOU

11. JAYNE L. BRAYER, ATTORNEY, P.C.
WWW.BRAYERLAW.COM
EMAIL:
CONTACT@BRAYERLAW.COM
Primary and Mailing Address
75 South Broadway, 4TH Floor
White Plains, New York 10601
Telephone: (914) 285-8434
Bronx by Appointment
Telephone: (347) 691-3690