Property Division Lawyer Staten Island

When a Staten Island couple divorces without a prior agreement covering their assets, the court divides marital property under New York’s equitable distribution framework. That process starts with identifying what counts as marital property in the first place, then applying a list of statutory factors to decide what division is fair under the circumstances. Law Offices Of SRIS, P.C. represents clients throughout Staten Island and Richmond County in contested and uncontested property division matters. The firm does not offer free consultations, but a consultation connected to a Staten Island divorce can be scheduled by calling (888) 437-7747. Property division outcomes depend heavily on the specific facts of a marriage, and this page discusses the general legal framework rather than advice for a particular case.

On this page

How Equitable Distribution Works in a New York Divorce

N.Y. Dom. Rel. Law § 236(B)(5) requires that marital property be distributed “equitably,” considering the circumstances of the case and of the parties, rather than divided automatically in half. The statute lists a number of factors a court must weigh, including the duration of the marriage, the age and health of both spouses, the income and property each party had at the time of the marriage and at the time the divorce action began, the loss of pension or inheritance rights caused by the divorce, and each spouse’s contributions to the marriage, including contributions as a homemaker or parent. The court is required to state which factors it considered and its reasons for the distribution it orders. One point New York law is explicit about: a spouse’s own professional license, degree, or career enhancement developed during the marriage is not itself treated as marital property subject to distribution, even though the other spouse’s contributions to that career development can still be a factor the court considers. Because equitable distribution is fact-specific, the same list of factors can produce different outcomes for two marriages that otherwise look similar on paper, which is part of why property division disputes are often resolved through negotiation rather than a full trial.

Marital Property vs. Separate Property in a Staten Island Divorce

Under N.Y. Dom. Rel. Law § 236(B)(1), “marital property” means all property either spouse acquired during the marriage and before a separation agreement or divorce action began, regardless of whose name is on the title. “Separate property” is narrower and generally includes property owned before the marriage, property received by one spouse alone as a gift or inheritance from someone other than the other spouse, compensation for personal injury, and the increase in value of separate property, except to the extent that increase resulted from the other spouse’s contributions or efforts. Determining whether a specific asset is marital or separate property often requires tracing its history through bank records, deeds, and other documentation, particularly where separate funds were mixed with marital funds over the course of a long marriage. If a property division dispute in a Staten Island matter proceeds to litigation, it is typically heard at Richmond County Supreme Court, 18 Richmond Terrace, Staten Island, NY 10301, (718) 675-8700, part of the 13th Judicial District. The firm does not maintain a physical location in Staten Island, and it does not guarantee any particular outcome in a contested property division case.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C., a firm that has practiced family law since 1997. A former prosecutor, he is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris attended George Mason University, where he developed a background in accounting and information systems, which he applies to the valuation and tracing of business interests, real property, and retirement accounts in property division matters.

The firm’s Of Counsel attorneys work alongside Mr. Sris on property division and other family law matters affecting Staten Island residents. The firm does not maintain a physical location in Staten Island; its principal office is 4008 Williamsburg Court, Fairfax, VA 22032, by appointment. The intake line is staffed 24/7. Because the firm does not offer free consultations, prospective clients should call (888) 437-7747 to schedule a consultation.

Frequently Asked Questions

Is marital property always divided equally in a New York divorce?

No. N.Y. Dom. Rel. Law § 236(B)(5) requires “equitable,” not necessarily equal, distribution. The court weighs statutory factors, such as the length of the marriage and each spouse’s contributions, to decide what division is fair on the facts.

What counts as marital property in New York?

Under N.Y. Dom. Rel. Law § 236(B)(1), marital property generally includes anything either spouse acquired during the marriage, before a separation agreement or divorce filing, regardless of which spouse’s name appears on the title.

Is a professional license or degree divided as marital property?

No. New York law does not treat a spouse’s own professional license, degree, or career enhancement as marital property subject to distribution, although the other spouse’s contributions to that career development can still be a factor the court weighs.

What factors does a court consider when dividing property?

Statutory factors under N.Y. Dom. Rel. Law § 236(B)(5) include the duration of the marriage, each spouse’s income and property at marriage and at the time the action began, loss of pension or inheritance rights, and contributions as a homemaker or parent, among others.

Where are contested property division cases heard for Staten Island residents?

Matrimonial actions for Richmond County residents are typically filed in Richmond County Supreme Court, 18 Richmond Terrace, Staten Island, NY 10301, (718) 675-8700, within the 13th Judicial District.

Does Law Offices Of SRIS, P.C. have an office in Staten Island?

No. The firm does not maintain a physical location in Staten Island. A consultation connected to a Staten Island matter is by appointment; call (888) 437-7747 to schedule.

Can property division be resolved without going to court?

Yes, spouses can negotiate a written settlement addressing property division instead of litigating it, subject to the same formal requirements that apply to matrimonial agreements. See the firm’s property settlement page for more on that process.

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.

Attorney advertising. Prior results do not guarantee a similar outcome.