Property Division Lawyer Bronx County

New York is an equitable distribution state, which means a Bronx County divorce does not automatically split marital property fifty-fifty; it directs the court to divide marital property fairly based on the circumstances of the case and the parties. Domestic Relations Law § 236(B)(5) sets out the framework: separate property remains with its owner, marital property is distributed equitably, and the court considers sixteen enumerated factors in deciding what an equitable division looks like on the specific facts presented. Those factors range from each spouse’s income and property at the time of the marriage and at the time the action began, to the duration of the marriage, the loss of pension or health-insurance benefits upon dissolution, and each spouse’s contributions to the marriage, including contributions as a homemaker or parent. The statute also draws an important line: a spouse’s own professional license, degree, or career enhancement is not treated as marital property subject to distribution, even though the court is directed to consider the other spouse’s contribution to developing it. Understanding how these statutory factors apply to a Bronx County couple’s specific assets is central to any property division case. Mr. Sris and the firm’s Of Counsel attorneys represent Bronx County clients in property division matters. The firm does not offer free consultations, and phone intake is staffed 24/7. Call (888) 437-7747 to schedule a consultation about a Bronx County property division matter.

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What Property Division Means in Bronx County

Under DRL § 236(B)(5), a Bronx County court begins by separating marital property from separate property. Separate property generally includes assets acquired before the marriage, property received by gift or inheritance from someone other than the spouse, and compensation for personal injuries, along with property acquired in exchange for separate property, except to the extent its appreciation is due in part to the other spouse’s contributions or efforts. Everything else acquired during the marriage, regardless of whose name is on the title, is generally marital property subject to equitable distribution.

The statute’s sixteen factors guide how that marital property is divided, including the income and property of each spouse at marriage and at the start of the action, the duration of the marriage and each spouse’s age and health, any custodial parent’s need to remain in the marital residence, the loss of inheritance or pension rights and health-insurance benefits upon dissolution, any maintenance award, each spouse’s contribution to the marriage including homemaker and parenting contributions, the liquidity of assets, the difficulty of valuing certain assets or business interests, tax consequences, wasteful dissipation of assets, and any other factor the court finds just and proper. The court must set forth on the record which factors it considered and its reasons for the resulting division; that requirement is not waivable. Bronx County couples with businesses, real estate, retirement accounts, or other complex holdings should expect the valuation and characterization questions under these factors to shape the ultimate division as much as the factors themselves.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Property Division Cases

Mr. Sris and the firm’s Of Counsel attorneys begin a property division matter by working with the client to identify and categorize the marital estate under DRL § 236(B)(5), separating what is likely separate property from what is marital property subject to distribution. Because that categorization can be genuinely disputed, particularly for assets that mix separate and marital contributions, the firm helps the client gather the documentation needed to support the client’s position.

From there, the firm works through the statute’s sixteen enumerated factors as they apply to the client’s specific circumstances, including the marriage’s duration, each spouse’s financial and non-financial contributions, and any assets that present valuation challenges, such as a closely held business or real estate. Where a spouse’s professional license, degree, or enhanced earning capacity is part of the case, the firm explains how the statute treats that asset differently from other marital property, while still accounting for the other spouse’s contribution to its development where relevant to maintenance or other factors.

The firm represents clients in both negotiated settlements and litigated property division matters in the New York State trial courts in Bronx County. The firm does not guarantee a particular division of any specific asset, since the outcome depends on how the statutory factors apply to the full financial picture presented. What the firm provides is a methodical approach to identifying, valuing, and characterizing marital assets, along with phone intake staffed 24/7.

Attorney Background

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 after working as a prosecutor, which included direct experience with contested proceedings and the presentation of evidence. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and holds a background from George Mason University in accounting and information systems that he has applied to complex financial and technology-related matters, including the asset identification and valuation work that property division cases often require.

Mr. Sris and the firm’s Of Counsel attorneys represent Bronx County clients in equitable distribution matters involving real estate, business interests, retirement accounts, and other marital property. The firm’s principal office is in Fairfax, Virginia, and meetings connected to a Bronx County matter are arranged by appointment. The firm concentrates in family law matters, including property division.

Frequently Asked Questions

Does New York divide marital property equally in a divorce?

No. New York follows equitable distribution under DRL § 236(B)(5), which directs the court to divide marital property fairly based on the circumstances of the case and sixteen enumerated statutory factors, not necessarily an equal fifty-fifty split.

What is the difference between marital and separate property?

Marital property is generally property acquired by either spouse during the marriage, regardless of whose name is on the title. Separate property includes assets acquired before the marriage, gifts or inheritances from someone other than the spouse, and personal injury compensation, among other statutory exceptions.

Is a professional license or degree divided in a New York divorce?

No. DRL § 236(B)(5) expressly excludes a spouse’s own professional license, degree, or career enhancement from marital property subject to distribution, while still directing the court to consider the other spouse’s contribution to its development for other purposes.

What factors does a Bronx County court consider in dividing property?

DRL § 236(B)(5) lists sixteen factors, including each spouse’s income and property, the marriage’s duration, contributions to the marriage, loss of benefits upon dissolution, the difficulty of valuing certain assets, and any other factor the court finds just and proper.

Does the court have to explain how it divided the property?

Yes. DRL § 236(B)(5) requires the court to set forth the factors it considered and its reasons for the division on the record, and this requirement cannot be waived by the parties.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

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