Equitable Distribution Standard:

• Same-sex couples going through divorce in New York are subject to the principle of equitable distribution. The court aims to divide marital property New York State Retirement Divorce, including retirement assets, in a fair and just manner.

 Marital vs. Separate Property:

• The court distinguishes between marital and separate property. Retirement assets accumulated during the marriage are generally considered marital property and subject to division, while assets acquired before the marriage may be considered separate.

 Equal Treatment of Spouses:

• Same-sex spouses are afforded equal treatment under the law. The court does not differentiate between same-sex and heterosexual couples when determining the division of assets, Best Divorce Attorney in New York , including retirement accounts.

 Qualified Domestic Relations Order (QDRO):

• A Qualified Domestic Relations Order (QDRO) may be required for certain retirement accounts. This court order outlines the division of retirement benefits between spouses and is applicable regardless of the gender or sexual orientation of the divorcing couple.

 Contributions Made During the Marriage:

• The court considers contributions made to retirement accounts during the marriage. Contributions made by both spouses are typically deemed marital property subject to division.

 Individual Retirement Accounts (IRAs):

• IRAs, like other retirement accounts, may be subject to division. The court considers the balance of the IRA as of the date of marriage and the date of New York State Divorce Procedure separation to determine the marital portion.

Social Security Benefits:

• Social Security benefits are generally treated the same for all couples, regardless of gender or sexual orientation. Each spouse is entitled to their own Social Security benefits based on their individual work history.

 Individual Circumstances Considered:

• The court considers the unique circumstances of each case. Factors such as the length of the marriage, financial contributions, and individual needs are taken into account to arrive at a fair and equitable distribution of retirement assets.

It's important to note that legal principles surrounding divorce and asset division are continually evolving, and it's advisable for divorce lawyers in manhattan new york same-sex couples going through a divorce to consult with an experienced family law attorney who can provide guidance tailored to their specific situation.