Property Division Lawyer Manhattan

New York is an equitable distribution state, which means a Manhattan divorce court does not simply split marital assets fifty-fifty. Instead, the court weighs a list of statutory factors to decide what division is fair given the specific marriage, and that process can produce results that surprise clients who assumed an even split was automatic. Whether the assets at issue are a co-op or condo, investment accounts, a closely held business, or retirement savings, how those assets get characterized and divided shapes the entire financial outcome of a Manhattan divorce. Law Offices Of SRIS, P.C. represents clients in property division matters before New York County Supreme Court.

This page provides general information about equitable distribution under New York law and does not create an attorney-client relationship. The firm does not offer free consultations. Property division questions are rarely simple once real assets are involved, and the difference between separate and marital property can turn on facts that are easy to overlook. Call (888) 437-7747 to discuss scheduling a consultation about a Manhattan property division matter.

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What Property Division Means in Manhattan

N.Y. Dom. Rel. Law § 236(B)(5) directs the court to distribute marital property equitably between the parties, considering the circumstances of the case and of the parties themselves, while separate property remains with its original owner. The statute lists sixteen enumerated factors the court must consider, including each party’s income and property at the time of marriage and at the time the action began, the duration of the marriage, the age and health of both parties, a custodial parent’s need to remain in the marital residence, loss of inheritance or pension rights, any maintenance award, and each spouse’s direct or indirect contributions to acquiring marital property, including homemaker and parenting contributions.

The statute also addresses a topic that surprises many clients: it explicitly excludes a spouse’s own professional license, degree, or career enhancement from being treated as marital property subject to distribution, even though the court must still consider the other spouse’s contribution to developing that enhanced earning capacity. Other factors include the liquid or non-liquid nature of assets, the difficulty of valuing certain business interests, tax consequences to each party, wasteful dissipation of assets, transfers made without fair consideration in anticipation of the divorce, domestic violence, and the best interest of a companion animal when its possession is contested. The court must state on the record which factors it considered and why, and it must also weigh any barrier a party has created to the other’s remarriage under DRL § 253(6).

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

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys represent clients in Manhattan equitable distribution matters, starting with the threshold question of how each asset should be characterized as marital or separate property. That characterization work often requires tracing an asset’s history, particularly for property acquired before the marriage, received by gift or inheritance, or built up through a combination of separate and marital contributions over time.

Once assets are characterized, the firm builds the case around the statutory factors that actually apply to the client’s marriage, whether that means documenting a spouse’s contributions to the other’s career, addressing the valuation of a closely held business or professional practice, or accounting for tax consequences that will follow from a proposed division. Where a spouse’s professional license or enhanced earning capacity is part of the discussion, the firm is careful to apply the statute correctly: that enhancement itself is not treated as marital property, though the other spouse’s contribution to it remains a relevant factor. The firm works to present the full financial picture clearly, since an incomplete record can lead to an inequitable result even under a statute designed to produce a fair one.

Mr. Sris and the firm’s Of Counsel attorneys do not guarantee a particular division of assets in any case, since the outcome depends on how the statutory factors apply to the specific facts presented. The firm’s intake line is staffed 24/7 for clients managing property questions alongside other pressing divorce issues.

Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris founded Law Offices Of SRIS, P.C. in 1997 and previously served as a prosecutor before building a matrimonial law practice. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and his background in accounting and information systems has been applied directly to the asset tracing, valuation, and financial disclosure work that equitable distribution cases typically require.

The firm’s Of Counsel attorneys contract directly with Law Offices Of SRIS, P.C. and bring their own experience to Manhattan property division matters, including cases involving business interests and complex investment holdings. Clients should expect a property division matter to be staffed by Mr. Sris, an Of Counsel attorney, or both, with a consistent focus on applying the sixteen statutory factors to the actual facts of the marriage.

Frequently Asked Questions

Does New York divide marital property fifty-fifty?

No. New York is an equitable distribution state, meaning marital property is divided fairly based on statutory factors under DRL § 236(B)(5), not automatically split in half. What counts as equitable depends on the specific circumstances of the marriage and the parties.

Is a professional license or degree considered marital property?

No. The statute explicitly excludes a spouse’s own professional license, degree, or career enhancement from being treated as marital property, though the court must still consider the other spouse’s contribution to developing that enhanced earning capacity.

What factors does a Manhattan court consider when dividing property?

DRL § 236(B)(5) lists sixteen factors, including the length of the marriage, each party’s income and property at marriage and at filing, contributions to acquiring marital property, tax consequences, wasteful dissipation of assets, and domestic violence, among others.

What is the difference between marital and separate property?

Marital property generally includes assets acquired by either spouse during the marriage, while separate property includes assets owned before the marriage or received by one spouse through gift or inheritance from someone other than the other spouse, among other statutory categories.

Does wasting marital assets affect property division?

Yes. Wasteful dissipation of assets is one of the enumerated factors a Manhattan court considers under DRL § 236(B)(5) when deciding how to divide marital property equitably.

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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