Equitable Distribution Lawyer Brooklyn

New York is an equitable distribution state, which means marital property in a Brooklyn divorce is not necessarily split evenly but is instead divided fairly based on a detailed statutory framework. Understanding what counts as marital property, what remains separate, and how a Kings County court weighs the statutory factors is essential to approaching this part of a divorce with realistic expectations. Law Offices Of SRIS, P.C. represents Brooklyn spouses on both sides of equitable distribution disputes, from straightforward marital estates to those involving complex or hard-to-value assets.

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is individually admitted to practice law in New York, Virginia, Maryland, the District of Columbia, and New Jersey, and the firm’s Of Counsel attorneys assist Brooklyn clients with equitable distribution matters alongside him. His background in accounting and information systems informs the firm’s approach to the financial disclosure that equitable distribution disputes typically require. The firm does not offer free consultations; a consultation can be scheduled by calling the firm. The firm’s intake line is staffed 24/7 at (888) 437-7747.

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What Equitable Distribution Means in Brooklyn

N.Y. Dom. Rel. Law § 236(B)(5) governs how a Kings County court divides property in a divorce. The statute provides that separate property remains with its owner, while marital property, generally property acquired by either or both spouses during the marriage regardless of how title is held, must be distributed equitably between the parties considering the circumstances of the case and of the respective parties. The statute directs the court to weigh sixteen enumerated factors, including each party’s income and property at the time of marriage and at the start of the action, the duration of the marriage, the age and health of both parties, a custodial parent’s need to occupy the marital residence, loss of inheritance and pension rights, loss of health insurance benefits, any maintenance award, each spouse’s contributions to acquiring marital property, the liquid or non-liquid character of assets, probable future financial circumstances, the difficulty of valuing certain assets or business interests, tax consequences, wasteful dissipation of assets, transfers made without fair consideration in contemplation of the case, domestic violence by either party, and the best interest of a companion animal.

One limitation within the statute is particularly important: a spouse’s own professional license, academic degree, celebrity goodwill, or career enhancement is not itself treated as marital property subject to distribution, even though the statute directs the court to consider the other spouse’s contributions to developing that enhanced earning capacity when weighing the overall distribution. The court must also set forth the factors it considered and its reasons for the distribution it orders, a requirement the statute does not allow the parties to waive, and must consider any barrier a party has placed on the other’s ability to remarry under Jewish law.

Brooklyn spouses going through equitable distribution should understand that the process is fact-intensive and factor-driven rather than a simple even split, and that the specific mix of assets, income history, and marital circumstances in their case will shape how a Kings County court applies these sixteen factors.

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

When a Brooklyn client faces an equitable distribution dispute, Mr. Sris and the firm’s Of Counsel attorneys begin by identifying every asset and liability that may be part of the marital estate and classifying each as marital or separate property under the definitions in DRL § 236(B). That classification step is foundational, since only marital property is subject to distribution under the statute’s sixteen factors.

The firm then works through the statutory factors most relevant to the client’s circumstances, whether that involves the length of the marriage, contributions to a spouse’s career or business, the difficulty of valuing a particular asset, or tax consequences of a proposed division. Where a spouse’s professional license or degree is part of the discussion, the firm applies the statute’s exclusion of that license or degree itself from marital property, while still addressing the other spouse’s documented contributions to its development.

Mr. Sris and the firm’s Of Counsel attorneys prepare the sworn financial disclosure Kings County Supreme Court requires and negotiate toward a settlement that reflects the statutory factors and the client’s priorities. Where the parties cannot agree, the firm presents the client’s position at a hearing, addressing the factors the court is required to weigh and the reasoning it must state in its decision.

Throughout the matter, the firm explains how the statutory factors apply to the client’s specific marital estate, without promising a particular division, since the ultimate distribution depends on the court’s weighing of all sixteen factors against the full record presented.

Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris founded Law Offices Of SRIS, P.C. in 1997 and has served as Owner and Founder since. His background in accounting and information systems from George Mason University applies directly to complex financial and technology-related cases, including the asset classification and valuation issues central to equitable distribution. He is individually admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York, which includes the Brooklyn property division matters the firm handles in Kings County Supreme Court.

The firm’s Of Counsel attorneys contract directly with Law Offices Of SRIS, P.C. and assist Mr. Sris on Brooklyn equitable distribution matters. The firm’s principal office is in Fairfax, Virginia, and Brooklyn clients are served by appointment. The firm does not offer free consultations; call (888) 437-7747 to schedule a consultation, and the intake line is staffed 24/7.

Frequently Asked Questions

Does equitable distribution mean my marital property will be split 50/50?

Not necessarily. DRL § 236(B)(5) requires an equitable, or fair, distribution of marital property based on sixteen enumerated statutory factors and the circumstances of the case, which does not always produce an even split between the spouses.

Is my professional license or degree considered marital property?

No. The statute expressly excludes a spouse’s own professional license, academic degree, celebrity goodwill, or career enhancement from marital property, while still directing the court to consider the other spouse’s contributions to developing that enhanced earning capacity when weighing the overall distribution.

What factors does a Kings County court consider when dividing property?

The sixteen factors under DRL § 236(B)(5) include each party’s income and property at marriage and at the start of the case, the marriage’s duration, the age and health of the parties, contributions to acquiring marital property, the difficulty of valuing certain assets, tax consequences, wasteful dissipation of assets, and domestic violence, among others.

Is property I owned before the marriage subject to distribution?

Generally, separate property, including property acquired before the marriage or received by gift or inheritance from someone other than a spouse, remains with its owner and is not subject to equitable distribution, though appreciation attributable to the other spouse’s contributions can be treated differently.

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

Yes. DRL § 236(B)(5) requires the court to set forth the factors it considered and the reasons for its decision, 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.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

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