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Divorce is never easy, emotionally, financially, or legally. As an experienced Syracuse divorce attorney, I provide personalized, strategic guidance to help clients across Central New York navigate divorce with clarity and confidence. Whether you're just beginning to consider your options or are already in the process, I’m here to protect your rights and help you move forward.​​​​​​​ Contact us today for a free confidential consultation to discuss your unique case. 

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How Long Does it Take to Get Divorced?​​

The ​length of a divorce matter in New York State can vary greatly depending on the particular circumstances of each case. An uncontested divorce between two parties in agreement on the issues can often be wrapped up in a few months. However, high conflict contested divorces between hostile parties or those involving high assets or contested custody can take significantly longer to resolve, from approximately 6 months to several years depending on the complexities of the case. 

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For more information, please see our blog post titled How Long Does It Take To Get Divorced in New York State?

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Grounds for Divorce in New York​​​​​

New York is a no-fault divorce state, which means that neither spouse has to prove wrongdoing to get a divorce. You can file based on an “irretrievable breakdown” of the marriage lasting six months or more. 

 

To have a divorce granted on the ground of "irretrievable breakdown, only one spouse needs to state under oath that the marriage has been broken beyond repair for at least six months. The court does not require proof of misconduct or fault, and it will generally accept this statement as sufficient.

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For more on how no-fault divorces are handled in New York, please see our blog post titled What is a No-Fault Divorce in New York?

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Residency Requirements​

Before you file for a divorce in New York State, you must meet the residency requirements. There are a few ways to do this:​

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• Either you or your spouse have been living in New York State continuously for at least two years before the divorce case is started.​

• Either you or your spouse have been living in New York State continuously for at least one year before the divorce case is started and

  • (1) you got married in New York State, or

  • (2) you lived in New York State as a married couple, or

  • (3) the grounds for your divorce happened in New York State;​​

• Both you and your spouse are residents of New York State on the day the divorce is started and the grounds for your divorce happened in New York State.

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For more information, please see our blog post titled Understanding Residency Requirements for Divorce in New York State

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Venue in Divorce Actions

Divorce proceedings, unlike other family matters, are handled exclusively in New York's Supreme Court, not Family Court. This is because divorce involves the dissolution of marriage, which requires the broader equitable powers of Supreme Court. Ancillary issues like child custody, support, and property division can be addressed in the same action.

 

A divorce action must be brought in a county where at least one of the parties. To file for divorce, at least one spouse must also meet New York's residency requirements.

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For more information, please see our blog post titled How Venue is Determined in New York State Courts: A Focus on Family Court and Divorce Proceeding

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Contested vs. Uncontested Divorces 

An uncontested divorce occurs when both spouses agree on all major issues related to the dissolution of their marriage. This includes division of property and debts, child custody and visitation, child support, spousal maintenance (alimony), and any other relevant matters. However, uncontested divorces require cooperation. If there's any disagreement, it could shift to a contested matter.

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In contrast, a contested divorce happens when spouses cannot agree on one or more key issues, requiring the court to intervene and make decisions. This might involve disputes over asset division, custody arrangements, or support payments. While more adversarial, contested divorces ensure that your rights are protected through formal court proceedings, which can be crucial in high-stakes situations like unequal asset distribution or child welfare concerns.

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For more information on the differences between contested and uncontested divorces and the process for each please see out blog post titled Contested vs. Uncontested Divorce in New York: Key Differences

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The Automatic Orders

In New York, when a divorce case is filed and served, a set of rules called Automatic Orders immediately go into effect. These orders are designed to preserve the status quo and prevent either spouse from making major financial or property changes while the divorce is pending. Automatic Orders generally prohibit either spouse from:​

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• Selling, transferring, or hiding property such as bank accounts, real estate, investments, or personal property, except in the normal course of business or to pay for regular household expenses

• Incurring unreasonable debts

• Changing beneficiaries on life insurance, pensions, or retirement accounts

• Removing the other spouse or children from existing health, dental, vision, or other insurance coverage

• Relocating minor children outside of the state without consent or court approval

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These rules remain in effect until the divorce is finalized or the court modifies them. Violating Automatic Orders can have serious consequences, including penalties or sanctions from the court.

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To learn more please see our blog post titled Understanding Automatic Orders in New York Divorce Cases

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Does it Matter Who Files First?

In New York, the spouse who files for divorce first is called the "plaintiff," while the other spouse becomes the "defendant." These are simply legal designations that identify who initiated the action. The plaintiff files a Summons with Notice or Summons and Complaint to begin the divorce process, and the defendant then has an opportunity to respond.

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It's important to understand that being the plaintiff doesn't give you inherent advantages in how the court divides assets, determines custody, or awards support. New York courts are required to make decisions based on statutory factors and the best interests of any children involved, regardless of who filed first.

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From a strictly legal standpoint, filing first in New York does not automatically provide any special rights or entitlements. Both spouses have the same ability to present their case, seek equitable distribution of assets, and request custody or spousal support. The courts evaluate each issue based on facts, fairness, and the law, not on who initiated the process. However, filing first may provide some procedural and strategic advantages worth considering.

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For more details, please see our blog post titled Does It Matter Who Files For Divorce First?

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What is Involved in a Divorce?​

Divorce isn’t just about ending a marriage, it’s about untangling a life together. I work closely with clients to address the key issues that arise, including:​​

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• Equitable Distribution

  • How property is divided in a divorce is determined by the application of New York State's equitable distribution law. This involves a 3-step process:

    • Step 1:​ Identify & Classify Property

      • ​​It first must be determined whether property should be classified as marital or separate.

      • Marital property is any property acquired by either spouse during the marriage, regardless of whose name is on the title, and are considered to be assets of the marriage. Marital property includes:​​

        • Income earned by either spouse during the marriage

        • Real estate purchased while married (even if only in one spouse’s name)

        • Retirement accounts, pensions, and 401(k) contributions made during the marriage

        • Cars, furniture, and personal property bought with marital funds.

      • Marital property is subject to equitable distribution between the parties.

      • Separate property is considered the sole asset of one spouse, not subject to division in divorce. Separate property includes:

        • Assets owned by either party prior to the marriage

        • Inheritances received by one spouse (before or during the marriage)

        • Gifts made specifically to one spouse (not to the couple jointly)

        • Personal injury compensation

        • Property designated as separate in a valid prenuptial or postnuptial agreement. 

      • However, complications can arise when separate property is commingled with marital property (for example, inheritance money deposited into a joint account and used for family expenses), as it may lose its separate character and be treated as marital. 

    • Step 2: Value the Property​

      • ​Assets such as homes, retirement accounts, pensions, or businesses may need to be appraised and the assistance of financial experts in valuing certain assets may be sought.

    • Step 3: Divide Marital Property (Equitable Distribution)

      • In a New York marital property is divided under the state's equitable distribution law, whereby marital assets are divided in a way that is fair, but not always a strict 50/50 split. In making this determination, a judge may considers many factors, including:

        • ​The length of the marriage

        • The age and health of each spouse

        • The income and property each brought into the marriage

        • Each parties direct (earnings, paying bills, etc.) and indirect contributions (homemaking, raising children, supporting a spouse’s career)

        • Who has custody of the children

        • Any wasteful dissipation of marital assets

        • Any existing agreements between the parties (prenuptial or postnuptial contracts).

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For a more detailed looked at how equitable distribution is handled in New York State divorces, please see our blog post titled Understanding Property Division in New York Divorces: Equitable Distribution Explained

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• Spousal Maintenance (Alimony)

  • In New York, spousal support, also known as maintenance or alimony, is determined by statutory formulas and the specific circumstances of the marriage, focusing on both parties' incomes and the length of the marriage.

  • First, the following two calculations are preformed:

    • ​20% of the payor’s income minus 25% of the payee’s income if no child support is involved or 30% of the paying spouse’s income minus 20% of the recipient’s income if no child support is involved.

    • 40% of the combined income of both spouses, minus the payee’s income.​

  • The lower of the two results is the guideline amount, unless the court finds it unjust or inappropriate. If the resulting number is less than zero than no spousal support is payable.

  • The duration of spousal support in New York depends on the length of the marriage:

    • ​​Marriages up to 15 years: support lasts for 15–30% of the marriage length.

    • Marriages 15–20 years: support lasts for 30-40% of the marriage length.

    • Marriages over 20 years: support lasts for 35–50% of the marriage length.

  • Courts may consider a variety of factors in determining if their should be a deviation from the statutory amount of spousal support, including:​​

    • Age and Health: Physical and mental health of both spouses.

    • Earning Capacity: Present and future earning potential, including education and skills.

    • Standard of Living: The lifestyle established during the marriage.

    • Length of Marriage: Longer marriages may result in longer or higher maintenance awards.

    • Contributions to the Marriage: Non-financial contributions, such as homemaking or supporting the other’s career.

    • Assets and Liabilities: Property division and financial resources available post-divorce.

    • Children: Custodial responsibilities or child support obligations.

    • Other Factors: Any other relevant circumstances, such as domestic violence or wasteful dissipation of assets.

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To learn more about how maintenance is determined in New York State please see our blog post titled Understanding How Maintenance Is Calculated in New York State

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• Child Custody and Parenting Time

  • In New York State, custody is divided into two types: legal custody and physical (or residential) custody, which cover different aspects of parenting rights and responsibilities.​

  • Legal Custody refers to the right to make major decisions about the child's life in areas such as education, health care, and religion. Legal custody can be ​sole, meaning that one parent has the exclusive right to make these decisions, or joint, meaning both parents share decision-making authority.​ 

  • Physical Custody, sometimes referred to as "residential custody", is where the child lives on a day-to-day basis and which parent provides the child’s primary home, and is responsible for their daily care, and supervision. Like legal custody, physical custody can be either sole or joint.

  • In New York State, custody decisions determined by application the “best interests of the child” standard. To determine what is in the best interests of the child, courts look at a range of factors to decide which arrangement will best support the child’s welfare, stability, and development. Courts are to consider the totality of the circumstances, with no one factor being automatically determinative. Some of the primary factors considered include:

    • ​​Parental Fitness and Ability, which includes each parent’s physical and mental health, ability to provide for the child’s emotional and intellectual development, and any substance abuse, domestic violence, or neglect issues that may be present

    • Stability of the Home Environment, which includes who has been the child’s primary caregiver, the quality of each parent’s home environment, and the need for stability and continuity in the child’s life.

    • Parent-Child Relationship, which includes the emotional bond between the child and each parent, the willingness of each parent to foster a positive relationship with the other parent, and evidence of alienation or attempts to undermine the other parent.

    • Parental Cooperation, which considers each parent’s ability to communicate and co-parent effectively and whether joint legal custody is realistic under the circumstances.

    • Child’s Wishes, which takes on increased weight as the child ages.

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For more on what courts consider in a "best interests" analysis please see our blog post titled What New York Courts Consider When Determining "Best Interests of the Child"

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For more details on how custody is determined in New York State please visit our Child Custody page.

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For tips on how to navigate discussing divorce with children please see our blog post titled How to Talk to Your Children About Divorce

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• Child Support

  • In New York, child support is calculated in accordance with the Child Support Standards Act (CSSA), which sets forth a formula based on parental income and the number of children.

  •  First, the court determines each parties adjusted gross income, which is their gross income minus certain deductions such as FICA taxes and money paid for any other children under existing child support orders. The court then adds together both parents adjusted gross income to determine a combined parental income.​ The court applies a fixed percentage of the combined parental income up to a statutory cap as follows:

    • ​1 child → 17%

    • 2 children → 25%

    • 3 children → 29%

    • 4 children → 31%

    • 5+ children → at least 35%​

  • The Court then determines each parents "pro rata share" (their percentage of the total income) with the noncustodial parent (the one the child does not primarily live with) paying their share to the custodial parent.​

  • ​​​​In addition to basic support, the court may also require parents to contribute to:​​

    • Health insurance premiums and medical expenses

    • Child care costs related to work or education

    • Educational expenses

  • Courts may deviate from the standard child support formula if the result of applying it would be unjust or inappropriate. Factors that a court may consider in making this determination include:

    • ​​The financial resources of each parent

    • The health and special needs of the child

    • The standard of living the child would have had if parents stayed together

    • The non-monetary contributions of each parent

    • Other children the parent must support.

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For more information, please see our Child Support page.

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• Pet Custody

  • Until recently, pets in New York divorce cases were divided like furniture or bank accounts, as part of equitable distribution. That changed in 2021 with the passage of an amendment to New York Domestic Relations Law § 236, which gave courts the authority to consider the best interest of the companion animal in awarding possession.

  • ​This legal shift applies only to companion animals, including dogs, cats, and other pets kept for companionship (not for commercial use or farming). This means courts can now weigh more than just ownership records. Under the new law, New York courts can evaluate a range of factors to determine where the pet will live:

    • Primary Caregiver: who feeds, walks, and takes the dog to the vet? who spends the most time with the pet?

    • Stronger Bond: emotional attachment can matter, especially if one spouse can demonstrate a closer, more consistent relationship with the pet.

    • Better Provider: stability, housing, financial resources, and daily availability to care for the dog can influence the decision.

    • Safety and Well-Being: if one party has a history of neglect, abuse, or unsafe housing, that can weigh heavily against them.

    • ​​For more on the factors that can courts can consider in determining custody of a companion animal please see our blog post Who Gets the Dog in a New York Divorce? Understanding Pet Custody Laws.

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Each divorce is unique in its own right and may have its own complications. To learn more about some of these unique situations please see our blog posts on Special Considerations in New York State Divorces Involving Children With Autism 

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Can Spousal Support be Modified?

New York courts require proof of a substantial change in circumstances that has occurred since the original support order was entered. Common examples include:​

 

Income Changes: A significant increase or decrease in either party's income can justify modification. This might include job loss, a substantial promotion, retirement, or a new spouse's income affecting household finances. However, voluntary underemployment, such as intentionally taking a lower-paying job to reduce support obligations, won't be viewed favorably by the court.​

 

Health Issues: Serious illness or disability affecting either party's ability to work or creating substantial medical expenses can warrant a modification. The court will consider both physical and mental health conditions that materially impact financial circumstances.​

 

Retirement: Reaching retirement age and leaving the workforce can be grounds for modification, though courts will examine whether the retirement is reasonable and whether the payor has sufficient retirement income or assets.

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Remarriage or Cohabitation: Under New York law, spousal support automatically terminates if the recipient remarries. If the recipient is cohabiting with a romantic partner in a marriage-like relationship, this may also be grounds for modification or termination, though the burden of proof lies with the party seeking the change.

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For more information, please see our blog post titled When Can You Modify Spousal Support in New York?

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Stock Options, Bonuses, and Deferred Compensation

In many professional fields, from tech and finance to corporate management, stock options, bonuses, and deferred compensation packages can exceed base salary in value. For high-earning spouses, these benefits may represent the largest component of their total compensation. Failing to properly identify and value these assets during divorce can result in an inequitable settlement. New York is an equitable distribution state, meaning marital property is divided fairly, though not necessarily equally. The key question for any asset is whether it's marital property (subject to division) or separate property (belonging to one spouse alone).

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For stock options, bonuses, and deferred compensation, the analysis centers on when the compensation was earned. Generally, if these benefits were earned during the marriage and before the commencement of divorce proceedings, they're considered marital property, even if they won't be received until after the divorce is final.

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For more information, please see our blog post titled Stock Options, Bonuses, and Deferred Compensation in NY Divorces

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How are Retirement Accounts and Pensions Divided

In New York, retirement accounts and pensions are considered marital property if they were earned or accrued during the marriage, even if the funds are not immediately accessible. The portion of the account or pension accumulated before the marriage is typically treated as separate property and is not subject to division.

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The division of retirement assets depends on the type of account:

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• Employer-sponsored plans (401(k), 403(b), pensions): These often require a Qualified Domestic Relations Order (QDRO) to legally transfer a portion of the account to the non-employee spouse. A QDRO ensures the funds are transferred without triggering taxes or early withdrawal penalties.

• Individual Retirement Accounts (IRAs) and other personal retirement accounts: These can be divided through a property settlement as part of the divorce judgment. The court may order a direct transfer or offset the value with other marital property.

• Pensions: Defined benefit pensions (which pay a set amount at retirement) and defined contribution plans (which have an account balance) may be divided based on the portion earned during the marriage. Actuarial calculations are often used to determine the marital share.

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It’s also important to note that dividing retirement accounts can involve tax consequences, timing issues, and future changes in value. For these reasons, couples typically need experienced legal and financial guidance to ensure the division is fair, enforceable, and complies with all applicable laws.

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To learn more please see our blog post titled Dividing Retirement Savings and Pensions in a New York Divorce: What You Need to Know

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How is Debt Divided?

New York is an equitable distribution state, which means that marital property and debts are divided fairly, though not necessarily equally, between divorcing spouses. The court considers various factors to determine what constitutes a fair division based on the specific circumstances of each case. This approach applies to both assets and liabilities. Just as the family home or retirement accounts may be divided, credit card balances, mortgages, car loans, and other debts incurred during the marriage are subject to equitable distribution.​

 

Marital Debt vs. Separate Debt

The first critical distinction courts make is between marital debt and separate debt.

 

Marital debt generally includes any debt incurred during the marriage, from the date of marriage until the date the divorce action is commenced or a separation agreement is executed. This can include mortgages, car loans, credit card balances, personal loans, student loans taken out during the marriage, medical bills, and business debts incurred during the marriage.

 

Separate debt typically includes debts incurred before the marriage, debts incurred after the commencement of the divorce action or execution of a separation agreement, and debts explicitly excluded in a prenuptial or postnuptial agreement.

 

However, the timing alone doesn't always determine classification. For example, if separate debt was used for marital purposes, such as using a pre-marriage credit card to pay for marital expenses, it may be treated as marital debt.​

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Common Scenarios in Debt Division

• Credit Card Debt: Credit cards used for household expenses, family purchases, or joint activities are typically considered marital debt, even if only one spouse's name appears on the account. However, if one spouse secretly accumulated credit card debt for personal expenses without the other's knowledge, the court may assign that debt solely to the spouse who incurred it.

• Mortgage Debt: The marital home mortgage is usually considered marital debt. If one spouse keeps the home, they often assume the mortgage, though the court may offset this obligation by awarding them additional equity or reducing other financial obligations.

• Student Loans: Student loans can be complex. If taken out during the marriage, they may be considered marital debt, particularly if both spouses benefited from the increased earning capacity. However, courts may assign educational debt to the spouse who received the education, especially if the marriage was brief or the benefits were not shared.

• Business Debts: If a business was operated during the marriage for the family's benefit, associated debts may be considered marital obligations, even if only one spouse was involved in the business.

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For more information, please see our blog post titled How Debt Is Divided in a New York Divorce

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Cryptocurrency and Digital Assets

The rise of cryptocurrency and digital assets has introduced new complexities to divorce proceedings in New York. As Bitcoin, Ethereum, NFTs, and other digital holdings become increasingly common, the issues involving their division in divorce proceedings have become more frequent. Digital assets encompass more than just cryptocurrency. They include NFTs (non-fungible tokens), digital wallets, cryptocurrency mining operations, blockchain-based investments, and even valuable online gaming assets or social media accounts with monetary value. Under New York's equitable distribution framework, these assets acquired during marriage are subject to division, regardless of which spouse holds the account.

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The decentralized and sometimes anonymous nature of cryptocurrency presents unique challenges that traditional bank accounts and investment portfolios do not. Unlike conventional financial assets with clear paper trails, crypto holdings can be transferred, hidden, or accessed through complex digital systems that require specialized knowledge to trace. New York law requires full financial disclosure from both parties during divorce proceedings. This obligation extends to all digital assets, including cryptocurrency holdings. Spouses must disclose the existence of digital wallets, exchange accounts, private keys, and any other means of accessing cryptocurrency or digital assets. Failure to disclose these assets can result in serious consequences.

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One of the most significant concerns in divorce cases involving digital assets is the potential for concealment. The pseudonymous nature of many blockchain transactions can make it tempting for a spouse to hide assets in cryptocurrency. However, several tools and strategies can help uncover hidden digital holdings. Forensic accountants with cryptocurrency expertise can analyze blockchain transactions, trace wallet addresses, and identify patterns of asset movement. They can review exchange account histories, examine tax returns for reported cryptocurrency gains, and look for unexplained transfers of funds that may indicate crypto purchases. Digital forensics may also reveal wallet software on computers or mobile devices, even if the spouse claims no crypto ownership.

 

Cryptocurrency is notoriously volatile, with values that can swing dramatically within hours or days. This volatility creates significant challenges when determining the value of digital assets for divorce purposes. Should the court use the value on the date of filing, the date of separation, or the date of trial? What happens if Bitcoin surges or crashes during lengthy divorce proceedings? New York courts typically value marital assets as of the date of commencement of the divorce action, though they have discretion to use different valuation dates when fairness requires it. For highly volatile crypto assets, courts may consider averaging values over a period of time or requiring immediate liquidation and division to avoid further disputes. The valuation challenge extends beyond price volatility. Some digital assets, like NFTs or obscure altcoins, may have limited liquidity or unclear market values. Expert testimony may be necessary to establish fair market value, particularly for unique or illiquid digital assets.

 

The division of cryptocurrency in divorce carries significant tax consequences that both parties should understand. Cryptocurrency is treated as property by the IRS, meaning that transfers between spouses incident to divorce can generally be made tax-free under IRC Section 1041. However, any subsequent sale or exchange of cryptocurrency by either party may trigger capital gains tax. The spouse who receives cryptocurrency as part of a divorce settlement assumes the original cost basis, which means they inherit any built-in capital gains. This factor should be considered during settlement negotiations. A $100,000 cryptocurrency holding that was purchased for $10,000 may seem equivalent to $100,000 in cash, but the crypto holder will face substantial tax liability upon sale.

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For more information, please see our blog post titled Cryptocurrency and Digital Assets in New York Divorces

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Who Gets The House?

In a New York divorce the division of the marital home is guided by the states' equitable distribution law. 

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If the house was purchased during the marriage, it’s typically considered marital property, subject to division. If one spouse owned the house before the marriage or received it as a gift or inheritance, it may be separate property, but even so, any increase in value due to non-market conditions (additions, renovations, improvements, etc.) or contributions (like mortgage payments) during the marriage could be divisible.

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In practice, the primary options for the marital home are:

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• One Spouse Keeps It: One spouse may "buy out" the other’s share, based on the home’s appraised value and remaining mortgage.

• Sell and Split Proceeds: The couple may sell the house and divide the proceeds equitably.

• Deferred Sale: In cases involving children, the court may allow the custodial parent to stay in the home until the children reach a certain age, with the sale happening later.​

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For more information, please see our blog post titled Who Gets the House in a New York State Divorce?

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How are Business Interests Dealt With?

In a New York divorce, business interests are subject to the state’s equitable distribution laws, meaning they are divided fairly but not necessarily equally. How a business is handled depends on its nature, ownership, and contributions during the marriage. Here’s an overview:

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• Marital vs. Separate Property: A business started or acquired during the marriage is typically considered marital property, subject to division. If one spouse owned the business before the marriage, it may be separate property, but any increase in value or contributions (e.g., time, money, or effort by either spouse) during the marriage may be divisible.​​

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• Valuation: Determining the business’s value is critical. This often requires hiring a forensic accountant or business appraiser to assess assets, revenue, liabilities, and market conditions. Valuation methods may include income-based, market-based, or asset-based approaches​​

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• Division Options:

  • Buyout: One spouse may buy out the other’s share, based on the business’s appraised value, often using other marital assets or payment plans.

  • Co-Ownership: In rare cases, spouses may agree to continue co-owning the business, though this can be complex due to ongoing personal or financial conflicts.

  • Sale: The business may be sold, with proceeds divided equitably.

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In determining how to divide business interests in a divorce, courts consider factors like each spouse’s role in the business, contributions (financial or non-financial, such as administrative work or strategic planning), the length of the marriage, and the business’s financial health. If one spouse ran the business while the other supported the household, both contributions are weighed.

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For more information, please see our blog post titled Business Interests in Divorce: How New York Courts Handle Ownership and Valuation

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Gifts and Inheritance

Under New York's Domestic Relations Law, inheritances and gifts received by one spouse are generally considered separate property, not marital property. This means they typically remain with the spouse who received them, even after divorce. This protection exists because inheritances and gifts are considered personal to the recipient. Whether you inherited your grandmother's estate or received a substantial gift from your parents, New York law recognizes that these assets were intended for you alone, not for the marital unit. However, the initial classification as separate property doesn't guarantee that your inheritance or gift will remain untouched during divorce. Several scenarios can transform separate property into marital property or create a claim for your spouse:

 

Commingling: The most common way inheritances and gifts lose their separate property status is through commingling. This occurs when separate assets are mixed with marital assets in a way that makes them indistinguishable. For example, if you deposit an inheritance into a joint bank account that both spouses use for household expenses, the funds may become so intertwined with marital funds that they're considered marital property. Similarly, if you use inherited money as a down payment on a jointly-titled marital home, you may lose the separate property protection.

 

Transmutation: Transmutation happens when separate property is intentionally converted into marital property through actions or agreements between spouses. This might occur if you retitle an inherited property to include your spouse's name, or if you execute a written agreement that treats the inheritance as marital property.

 

Active Appreciation: If your spouse contributes to the increase in value of your separate property through their efforts, labor, or direct financial contributions, they may have a claim to a portion of that appreciation. For instance, if you inherited a rental property and your spouse actively managed it, made improvements, or contributed funds for renovations, the increased value attributable to their contributions could be considered marital property.

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In New York divorce proceedings, the spouse claiming that property is separate (not marital) bears the burden of proving it. This means you'll need to present clear and convincing evidence that your inheritance or gift has maintained its separate character throughout your marriage. This is why documentation is so critical. Without proper records, even legitimately separate property can be difficult to protect if its origins and handling can't be clearly established.

 

An important nuance in New York law involves income generated by separate property. While the principal of an inheritance or gift may remain separate, income it generates during the marriage (such as interest, dividends, or rental income) may be considered marital property, particularly if marital efforts contributed to generating that income. For example, if you inherited a stock portfolio and it appreciates passively through market gains, that appreciation typically remains separate. However, if you or your spouse actively managed the portfolio, the appreciation may be partially marital.

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For more information, please see our blog post titled What Happens to Inheritances and Gifts During a New York Divorce?

 

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Hidden Assets

Divorce proceedings require full financial disclosure from both parties. However, some spouses attempt to hide assets to avoid fair division of marital property. In New York, where equitable distribution governs property division, discovering hidden assets is crucial to protecting your financial interests.

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New York courts take asset concealment seriously. Spouses caught hiding assets may face severe consequences, including receiving a smaller share of marital property, being ordered to pay the other spouse's legal fees, and potentially facing contempt of court charges or perjury prosecution.

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For more information, please see our blog post titled Uncovering Hidden Assets During Divorce: Red Flags and Solutions

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Forensic Accounting

Forensic accounting is the detailed examination and analysis of financial records to uncover hidden assets, unreported income, or financial misconduct. In divorce cases, forensic accountants serve as financial detectives, tracing money trails and providing expert testimony about their findings. These professionals combine accounting expertise with investigative skills to present clear, court-admissible evidence.

 

Forensic accountants employ various methods to reveal the complete financial situation: They analyze bank statements, tax returns, business records, and credit card statements to identify unusual transactions or patterns. They can trace asset transfers, locate hidden accounts, and discover unreported income. They may uncover attempts to devalue assets before divorce, excessive personal expenses charged to businesses, or money funneled to third parties for safekeeping.

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Forensic accounting services are an investment, typically involving hourly rates that can add up quickly. However, the cost must be weighed against potential benefits. If you suspect your spouse is hiding significant assets or income, the forensic accountant's findings could result in a substantially larger settlement that far exceeds their fees. Consider the scope of your concerns when deciding whether to hire a forensic accountant. For smaller estates with minimal complexity, the cost may outweigh the benefits. For high-asset divorces or cases with clear signs of financial deception, forensic accounting often proves essential.

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For more information, please see our blog post titled Forensic Accounting in NY Divorces: When Do You Need It?

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Impact on Wills and Estate Planning

In New York, a divorce can have a major impact on your will and other estate planning documents. Under New York law (EPTL § 5-1.4), a divorce automatically revokes any provisions in a will or estate plan that designate your former spouse as a beneficiary, executor, or trustee, unless the will explicitly states otherwise. This means, for inheritance purposes, your ex-spouse will generally be treated as if they had predeceased you.

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Divorce also impacts advance directives. Under EPTL § 5-1.4, any nomination of your spouse in a durable power of attorney (for financial decisions) or health care proxy (for medical decisions) is revoked upon divorce. Without an update, you might be left without a designated agent, leading to court intervention if you're incapacitated.

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To learn more please see our page on Wills, Trusts, and Estates Planning in New York and our blog post titled The Impact of Divorce on Wills and Estate Planning in New York​​

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Can I Get My Ex Out of The House?​​

For married couples, the primary method of exclude an ex from the property is by obtaining an order for "exclusive use and occupancy." This is a court order that allows one spouse to remain in the marital home while requiring the other to vacate. It does not change ownership of the property but rather is a temporary arrangement during divorce or separation proceedings. The marital home is typically considered marital property if acquired during the marriage, regardless of whose name is on the title, and an order of exclusive use and occupancy does not change this.

 

These orders are not permanent and are often issued "pendente lite" (while the case is pending) motions and can last until the divorce is finalized or a specific event, like a child turning 18. Ultimately, the home may be sold, bought out by one spouse, or divided as part of the final property settlement.

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Generally, the granting of such an order is appropriate only upon a showing that the relief is necessary to protect the safety of persons or property, or one spouse has voluntarily established an alternative residence, and a return would cause domestic strife. However, courts can be hesitant to remove a spouse from the home and won't grant it without a compelling reason.

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To make their determination, New York courts weigh several factors to decide on exclusive occupancy, including:

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• Best Interests of Children: Priority may be given to the custodial parent to minimize disruption.

• Domestic Violence or Abuse: History or threats of physical/emotional harm strongly support the request.

• Financial Ability: Can you afford to maintain the home (mortgage, taxes, upkeep)? Does your ex have alternative housing?

• Overall Hardship: The impact on both parties, including financial strain from the order.

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For more information please see our blog post titled How to Get Your Ex Out of the House in New York State.

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What Impact Does Infidelity Have?

New York has been a no-fault divorce state since 2010, which fundamentally changed how courts handle divorce proceedings. Under no-fault divorce, couples can dissolve their marriage simply by stating that the relationship has been "irretrievably broken" for at least six months. This means you don't need to prove wrongdoing, including adultery, to obtain a divorce.

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While adultery remains a legally recognized ground for divorce in New York, most couples now proceed under the no-fault provision because it's simpler, faster, and less emotionally taxing than litigating fault-based claims.

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Martial Property: In most cases, an extramarital affair has minimal impact on how marital property is divided. New York follows the principle of equitable distribution, meaning assets are divided fairly (though not necessarily equally) based on various factors outlined in Domestic Relations Law § 236. These factors include the length of the marriage, each spouse's income and property, the age and health of both parties, and each spouse's contribution to marital assets. However, there are limited circumstances where adultery might indirectly affect property division. If a spouse spent significant marital funds on an affair, paying for gifts, trips, or maintaining a separate residence for a paramour, the court may consider this "dissipation of marital assets." In such cases, the innocent spouse might receive a larger share of the remaining marital property to compensate for these expenditures.

 

Spousal Maintenance: Adultery can potentially play a more significant role in spousal maintenance determinations, though its impact is still limited. When deciding whether to award maintenance and in what amount, New York courts consider numerous factors, including "any act by the party seeking maintenance that so shocks the conscience of the court as to compel its consideration." While adultery alone rarely rises to this level, courts have occasionally considered it alongside other egregious conduct. More commonly, if the affair involved substantial financial misconduct, such as transferring marital funds to a paramour, this could influence maintenance awards. That said, the primary factors in maintenance decisions remain economic: the income and property of each spouse, the length of the marriage, the age and health of both parties, and the standard of living established during the marriage.

 

Child Custody: This is perhaps the most important area for parents to understand: in New York, extramarital affairs typically have little to no impact on child custody decisions. The court's sole focus in custody matters is the best interests of the child, not the moral conduct of the parents. The best interests standard considers factors such as each parent's ability to provide for the child's physical and emotional needs, the quality of the home environment, each parent's willingness to foster a relationship with the other parent, the child's relationship with each parent, and any history of domestic violence or substance abuse. An affair, by itself, doesn't demonstrate that a parent is unfit or unable to care for their children. Unless the extramarital relationship directly affects the children's wellbeing, for example, if a parent exposes children to inappropriate situations, neglects parental responsibilities due to the affair, or introduces numerous romantic partners into the children's lives in a destabilizing way, courts generally view it as irrelevant to custody determinations.

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For more information, please see our blog post titled How Extramarital Affairs Impact Divorce and Custody Proceedings in New York

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Can I Date While Getting Divorced?

New York is a “no-fault” divorce state, which means you don’t have to prove wrongdoing, such as adultery, to get divorced. Most divorces are filed on the grounds of an “irretrievable breakdown” of the marriage. So, simply beginning a new relationship while your divorce is pending will not stop your divorce from going forward.

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While dating itself won’t change how marital assets are divided, spending marital funds on a new partner could raise concerns. If you use joint money for gifts, trips, or living expenses with someone new, your spouse may claim “wasteful dissipation of assets.” A judge could require you to reimburse the marital estate, which may reduce your share of the property division.

 

If children are involved, dating during divorce can raise sensitive issues:​​​

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• Children’s well-being: Introducing a new partner too soon may cause stress or confusion for children who are still adjusting to the separation.

• Court perception: Judges in New York are required to make custody decisions based on the “best interests of the child.” If dating creates instability, exposes children to conflict, or causes them distress, it could negatively influence custody and parenting time decisions.

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For more insight into the potential implications of dating while your divorce is pending please see our blog post titled Can I Date While Getting Divorced in New York?

 

Impact of Social Media

In today's digital age, social media has become an integral part of our daily lives. We share updates, photos, and thoughts with friends and family at the click of a button. However, when going through a divorce in New York, those seemingly innocent posts can have serious legal consequences. Many people don't realize that anything posted on social media platforms like Facebook, Instagram, Twitter, or TikTok can potentially be used as evidence in divorce proceedings. New York courts regularly admit social media content as evidence when it's relevant to issues such as:

 

Child Custody and Parenting Time: Posts depicting irresponsible behavior, excessive drinking, or questionable parenting decisions can significantly impact custody determinations. Even check-ins at bars or nightclubs during your parenting time can be used to question your judgment as a parent.

 

Asset Disclosure and Financial Matters: Photographs of expensive purchases, luxury vacations, or new assets can contradict claims of financial hardship or reveal hidden assets. If you've claimed an inability to pay support but post pictures from an expensive resort, expect these to surface in court.

 

Spousal Maintenance (Alimony): Evidence of cohabitation with a romantic partner can affect spousal maintenance obligations. Similarly, posts suggesting a higher standard of living than claimed in financial disclosures may undermine your position.

 

Credibility: Inconsistent statements between what you post online and what you claim in court documents can severely damage your credibility before a judge.

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For more information please see our blog post titled Social Media and Divorce: What NY Residents Need to Know​

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What is Legal Separation?

A legal separation is an arrangement that allows married couples to live apart while remaining legally married. This formal agreement addresses many of the same issues that arise in divorce proceedings, including division of property, child custody and visitation, child support, spousal maintenance, and responsibility for debts. The key distinction is that at the end of the process, you are still married in the eyes of the law. You cannot remarry, and certain legal and financial ties remain intact.

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For more information, please see our blog post titled What Is the Difference Between a Legal Separation and a Divorce in New York State?

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What is a Separation Agreement?​

A separation agreement is a legally binding contract between spouses who have decided to live apart but are not yet divorced. In New York, this agreement outlines each spouse’s rights and responsibilities, including matters such as division of property and debts, child custody and parenting time, child support, and spousal support.

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When properly drafted and executed, a separation agreement can serve as the foundation for a later divorce settlement. It allows spouses to resolve important issues privately and avoid extended court battles. 

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For more on separation agreements please see our blog post titled Understanding Separation Agreements in New York: What You Need to Know

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High Net Worth Divorces

When substantial wealth is at stake, divorce becomes significantly more complex. High-asset divorces in New York present unique legal, financial, and strategic challenges that require sophisticated planning and experienced legal counsel. These divorces often include multiple properties, business interests, investment portfolios, retirement accounts, stock options, and other complex financial instruments.

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One of the most significant challenges in high-asset divorces is accurately identifying and valuing all marital property. High-net-worth individuals often have diverse and complex asset portfolios that require expert valuation. Business interests may need forensic accountants to determine fair market value. Real estate holdings, particularly luxury properties or commercial real estate, require professional appraisals. Investment accounts, stock options, restricted stock units, and deferred compensation packages all present valuation challenges, especially when they're subject to vesting schedules or market fluctuations.

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Hidden assets are another serious concern. In some cases, one spouse may attempt to conceal assets through offshore accounts, shell companies, or undervalued business interests. Forensic accounting experts become essential in uncovering these attempts at asset concealment.

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For more information, please see our blog post titled Unique Challenges in High-Asset Divorces in New York

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International Assets

New York follows the principle of equitable distribution, meaning marital property is divided fairly, though not necessarily equally, between spouses. This applies to all marital assets, regardless of where they're located. However, international assets present unique challenges that domestic property does not. Any property acquired during the marriage, with few exceptions, is considered marital property subject to division. This includes real estate in other countries, foreign bank accounts, international business interests, overseas retirement accounts, and foreign investment portfolios. The location of the asset doesn't change its classification under New York law.​

 

Obtaining a New York divorce judgment that addresses international assets is only half the battle. Enforcing that judgment abroad depends on the laws of the foreign country and whether treaties or reciprocal arrangements exist. Some countries may not recognize or enforce New York divorce orders, requiring separate legal proceedings in that jurisdiction. The Hague Convention and bilateral treaties between countries can facilitate enforcement, but each situation is unique.

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Military Divorces

For active-duty service members and military retirees in New York State, family law presents distinct legal considerations that require specialized knowledge and sensitivity. Understanding how military service impacts divorce proceedings is essential to protecting one’s rights and stability.

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For an extensive discussion of military divorces, please see our blog post titled Special Considerations in Divorces Involving Retired or Active-Duty Military​

Same Sex Divorces

New York State does not distinguish between same-sex and opposite-sex marriages when it comes to divorce proceedings. The same laws, procedures, and requirements apply to all married couples, regardless of gender. This means that same-sex couples have access to the full range of divorce options available in New York, including contested and uncontested divorces, mediation, and collaborative divorce. The grounds for divorce are identical for all couples. New York is a no-fault divorce state, which means you can obtain a divorce by asserting that the marriage has been irretrievably broken for at least six months.

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Impact on Immigration Status

​Many immigrants in the U.S. obtain legal status through marriage to a U.S. citizen or lawful permanent resident (LPR). A divorce can jeopardize these statuses, depending on the timing, the type of immigration benefit, and the circumstances of the marriage.

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For extensive discussion of how divorce may impact your immigration status, please see our blog post titled How Divorce Can Impact Immigration Status

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Contact a Syracuse Divorce Attorney Today​​​

​If you're considering divorce or have already been served with papers, I encourage you to reach out for a free confidential consultation with an experienced Syracuse divorce attorney to get answers, understand your rights, and take the first step toward peace of mind.​​

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For more details on some of the most commonly asked questions regarding divorce matters in New York State please visit our Frequently Asked Questions Page

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Disclaimer: The information provided on this website is for general informational purposes only and does not constitute legal advice. Viewing this site or contacting us through it does not create an attorney-client relationship. Past results do not guarantee similar outcomes.

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