Marital Property Division Lawyer in Manhattan

Before a New York County Supreme Court judge can divide anything in a Manhattan divorce, the court must first determine which assets count as marital property and which remain separate property belonging to one spouse. This classification step, governed by DRL §236(B)(1), often determines more about the outcome of a case than the division process that follows it. Marital property includes what either spouse acquires during the marriage and before a separation agreement is signed or a divorce action begins, regardless of whose name appears on the title or account. Separate property is narrower and includes property owned before the marriage, property received by one spouse through bequest, devise, descent, or gift from someone other than the spouse, compensation for personal injuries, and property acquired in exchange for separate property, along with the increase in value of separate property, except to the extent that increase resulted from the other spouse’s contributions or efforts. Once property has been classified, DRL §236(B)(5) directs the court to distribute the marital portion equitably, considering the circumstances of the case, rather than dividing every asset automatically in half. For a Manhattan spouse trying to understand which assets in a marriage are likely to be treated as marital or separate, this classification framework is the necessary starting point. Law Offices Of SRIS, P.C. discusses property division matters with Manhattan clients who call (888) 437-7747.

What Marital Property Division Means in Manhattan

Marital property division in a Manhattan divorce happens in two distinct steps under New York law. The first step is classification: determining which assets and debts count as marital property, subject to division, and which count as separate property that stays with the spouse who owns it. DRL §236(B)(1) defines marital property broadly as all property acquired by either or both spouses during the marriage and before the parties execute a separation agreement or commence a divorce action, regardless of the form in which title is held. This means an asset can be marital property even if only one spouse’s name is on the account or the deed.

Separate property is defined more narrowly. It includes property acquired before the marriage, property acquired by one spouse through bequest, devise, descent, or gift from someone other than the spouse, and compensation received for personal injuries. It also includes property acquired in exchange for separate property, and the increase in value of separate property, except to the extent that any increase in value is due in part to the contributions or efforts of the other spouse. This last exception matters in practice: separate property, such as a business or investment owned before the marriage, can develop a marital component if the other spouse’s efforts contributed to its growth in value during the marriage.

The second step, which follows classification, is distribution. Once the court has identified what counts as marital property, DRL §236(B)(5) directs the court to distribute that property equitably, weighing the circumstances of the case and the parties rather than dividing every asset automatically in half. Because classification determines the pool of assets subject to division in the first place, disputes in a Manhattan property division case often center as much on whether a specific asset is marital or separate as on how the marital assets should ultimately be divided.

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

Mr. Sris and the firm’s Of Counsel attorneys work with Manhattan clients to identify and classify the assets and debts in a marriage under DRL §236(B)(1), distinguishing marital property from separate property before addressing how anything should be divided. This classification step often requires reviewing when specific assets were acquired, how they were titled, and whether any separate property increased in value during the marriage in a way that could bring part of that increase into the marital estate.

Once classification is addressed, Mr. Sris and the firm’s Of Counsel attorneys turn to the distribution question under DRL §236(B)(5), discussing with clients how the court’s equitable distribution standard applies to their specific marital estate. Because equitable distribution does not mean an automatic fifty-fifty split, the firm’s approach includes helping clients understand what circumstances of their case may be relevant to how a Manhattan court could divide the marital property at issue.

Mr. Sris, a former prosecutor and the Owner and Founder of the firm, applies a background in accounting and information systems when reviewing financial records relevant to classifying and valuing property in a divorce. The firm does not guarantee a particular classification or division of any specific asset, since these determinations depend on the facts of each marriage and the discretion of the court. Manhattan clients who want to understand how their property, whether acquired before or during the marriage, might be classified and divided can request a consultation to discuss their situation with the firm.

About the Attorney

Mr. Sris founded the firm in 1997 and serves as its Owner and Founder. He previously worked as a prosecutor before moving into private practice. Mr. Sris is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He studied at George Mason University, where he built a background in accounting and information systems, which he has applied to complex financial and technology-related matters throughout his career, including cases involving the classification and valuation of marital property.

The firm’s Of Counsel attorneys work with Mr. Sris on family law matters throughout the firm’s practice, including matters involving property classification and equitable distribution. Mr. Sris and the firm’s Of Counsel attorneys review the specific facts of each marriage, since whether an asset is marital or separate property, and how it should ultimately be divided, depends on the circumstances presented in each case.

The firm does not offer free consultations. Manhattan clients who want to discuss how their property may be classified and divided in a divorce can request a consultation to review their situation. The firm’s principal office is located in Fairfax, Virginia, and appointments are available by calling ahead to schedule a time to speak with the firm.

Frequently Asked Questions

What is the difference between marital property and separate property in New York?

Marital property, under DRL §236(B)(1), includes property acquired by either spouse during the marriage and before a separation agreement is signed or a divorce action begins, regardless of whose name is on the title. Separate property is narrower and includes property owned before the marriage, property received by gift or inheritance from someone other than the spouse, compensation for personal injuries, and property acquired in exchange for separate property. Only marital property is subject to equitable distribution in a divorce.

Does it matter whose name is on the account or the deed?

Not necessarily. DRL §236(B)(1) defines marital property based on when the property was acquired relative to the marriage, not on how the asset is titled or whose name appears on the paperwork. Property acquired during the marriage can be marital property even if only one spouse’s name appears on the account or deed. This is one reason property classification in a New York divorce often requires a closer review than simply checking whose name is listed on a particular asset.

Can separate property become part of the marital estate?

In part, yes. While property owned before the marriage generally remains separate, the increase in value of that separate property during the marriage can become marital property to the extent the increase is due in part to the other spouse’s contributions or efforts. For example, if one spouse owned a business before the marriage and the other spouse contributed to its growth, part of the increase in value may be treated as marital property under DRL §236(B)(1).

Does New York divide marital property fifty-fifty?

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, rather than automatically splitting everything in half. The court considers a range of factors relevant to each marriage when determining how to distribute the marital property that has been identified. Because equitable does not mean equal, the actual division reached in a specific Manhattan case can differ from a strict fifty-fifty split.

What happens to property acquired through inheritance during the marriage?

Property one spouse receives by bequest, devise, descent, or gift from someone other than the other spouse is generally treated as separate property under DRL §236(B)(1), even if it is received during the marriage. It generally remains with the spouse who received it, rather than becoming part of the marital estate subject to distribution, provided it has been kept separate and not commingled in a way that changes its character.

Related Pages

• Equitable Distribution Lawyer Manhattan
• High Net Worth Divorce Lawyer Manhattan
• Business Valuation Divorce Lawyer Manhattan
• Alimony Lawyer Manhattan
• Contested Divorce Lawyer Manhattan

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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