What is a wife entitled to in a divorce settlement?

A: Divorce settlements and property division are not determined by gender. New York is an equitable distribution state, which looks different for each couple. The court will take each party’s contributions to the marriage into consideration, as well as their income and earning protentional, when dividing marital property. The court will seek to make the divorce as fair as possible, rather than equal. The judge may also order one party to pay temporary or long-term spousal maintenance to the other party, based on the same factors. If one of the spouses makes significantly more money than the other one, they likely will end up paying spousal support and will see a more than equal share of property divided in the other party’s favor to make up the difference. This holds true whether the spouse who makes less money is the husband or the wife, or a party in a same-sex marriage.