Lawyers and/or the court and a judge determine how to divide all marital property and custody if children are involved.
All property in the New York divorce case is either separate property owned by the individual, or marital property owned by the married couple.
If one or both spouses own a business, the business may be considered marital property and be subject to division between the two former spouses.
In special equity Florida divorce cases, it's important to keep in mind that the idea of all marital property being divided equally is only a starting point for the Court.
A judge can and will look at the circumstances of each case to determine whether an equal division of marital property is equitable.