“Is there one factor or a number of factors that are more important or given more weight when deciding the division of assets?”
It depends upon the facts in each and every case. So for example, if you have a situation where there are young children involved, and the mother is going to be staying and has stayed home with the kids and continues to stay home with the kids, the eleventh factor, that the mom is the custodial parent for minor children, becomes an important factor. The second factor that the courts look at a lot is the income or income capacity of each party. So if you have a doctor who’s making $200-300,000 a year and a stay-at-home mom, that’s a very big factor in the distribution scheme. Likewise, if the health of one of the parties is not well, that factor in that particular marriage or divorce is going to be an important factor for the court. It really is fact-dependent upon each and every case, and a good advocate or lawyer is going to expound upon those factors that are going to help his client in that particular case.
David L. Ladov is a partner and co-chair of the Family Law Group at Obermayer Rebmann Maxwell & Hippel LLP. He focuses his practice on divorce, including custody, child support, equitable distribution, abuse and domestic relations. David can be reached at (267) 675-4976 or [email protected].
Robert Whitelaw is a managing partner and co-chairman of Obermayer Rebmann Maxwell & Hippel LLP’s Litigation Department and Family Law Group. He has 40 years of experience in practicing family law. Robert can be reached at [email protected] or (215) 665-300.