Equitable Distribution Lawyer Nassau County

New York is an equitable distribution state, which means marital property is divided fairly between spouses rather than split automatically down the middle. For Nassau County couples going through a divorce, the equitable distribution phase often becomes the most heavily contested part of the case, particularly when a home, retirement account, or business interest is involved. Law Offices Of SRIS, P.C. represents clients in Nassau County through the classification, valuation, and division of marital property under New York Domestic Relations Law § 236(B). The statute distinguishes between marital property, which is generally subject to division, and separate property, which generally is not, and it directs the court to weigh a substantial list of factors before deciding how to divide what qualifies as marital. Because the outcome depends heavily on how property is classified and valued, understanding the statutory framework early in a case can affect the strategy from the outset. Call (888) 437-7747 to request a scheduled consultation about a Nassau County equitable distribution matter.

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Marital Property vs. Separate Property Under DRL § 236(B)(1)

Under Domestic Relations Law § 236(B)(1), marital property generally includes all property acquired by either spouse, or both spouses together, during the marriage and before a separation agreement or the commencement of a matrimonial action, regardless of how title to the property is held. Separate property is a narrower category and includes property owned before the marriage, property received by one spouse alone as a gift from someone other than the other spouse or by inheritance, compensation for personal injuries, and the appreciation in value of separate property, except to the extent that appreciation resulted in part from the other spouse’s contributions or efforts. This classification step comes before valuation and division, and disputes frequently arise over whether a particular asset, or a portion of it, should be treated as marital or separate.

The Statutory Factors Under DRL § 236(B)(5)

Once property is classified, DRL § 236(B)(5) directs the court to distribute marital property equitably, considering the circumstances of the case and a substantial list of statutory factors. These include the income and property of each spouse at the time of the marriage and at the start of the divorce action; the duration of the marriage and the age and health of both parties; any need of a custodial parent to occupy or own the marital residence; the loss of inheritance, pension rights, and health insurance benefits that results from the divorce; any award of maintenance; and each spouse’s direct or indirect contributions to the marriage, including contributions as a homemaker or parent.

The factors also address the liquid or non-liquid character of marital assets, the difficulty of valuing certain assets or business interests, tax consequences to each party, any wasteful dissipation of marital assets, transfers made in contemplation of the divorce without fair consideration, domestic violence by either party, and the well-being of a companion animal when the court awards its possession. The statute is explicit that a professional license, academic degree, celebrity goodwill, or other career enhancement a spouse achieved during the marriage is not itself treated as marital property subject to distribution, although the court is directed to consider each spouse’s contributions to the development of that enhanced earning capacity. New York law requires the court to set forth the factors it considered and the reasons for its decision, and that requirement cannot be waived. The firm does not guarantee any particular division of property, since the result in any case depends on the specific facts and how the court weighs the statutory factors.

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

Mr. Sris, Owner and Founder of the firm, is a former prosecutor who has practiced law since founding the firm in 1997. He attended George Mason University, where he developed a background in accounting and information systems, which he applies to cases involving business valuation, retirement accounts, and other assets that arise in equitable distribution disputes. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York.

The firm’s Of Counsel attorneys contract directly with the firm and work alongside Mr. Sris on equitable distribution and other family law matters arising in Nassau County. They are referred to collectively here because case assignments are based on the needs of each matter rather than on any single attorney. The firm does not maintain a physical location in Nassau County and does not offer free consultations; clients request a scheduled consultation, and the intake line is staffed 24/7 to take that request. The firm’s principal office is located at 4008 Williamsburg Court, Fairfax, VA 22032, by appointment.

Frequently Asked Questions

What counts as marital property in a Nassau County divorce?

Under DRL § 236(B)(1), marital property generally includes property either spouse acquired during the marriage, regardless of whose name is on the title, up until a separation agreement or the start of the divorce action. Property owned before the marriage, most gifts from third parties, inheritances, and personal injury compensation are generally treated as separate property instead.

Does equitable distribution mean the property is split 50/50?

Not necessarily. Equitable distribution means the court divides marital property fairly based on the circumstances of the case and the statutory factors in DRL § 236(B)(5), which can result in an equal division in some cases and an unequal one in others.

Is my professional license or degree considered marital property?

No. DRL § 236(B)(5) excludes a spouse’s own enhanced earning capacity from a license, degree, celebrity goodwill, or career enhancement from the definition of marital property subject to distribution. The court may still consider contributions the other spouse made toward developing that enhanced earning capacity when weighing the overall factors.

How does the court handle a business or an asset that is hard to value?

DRL § 236(B)(5) directs the court to consider the difficulty of valuing certain assets or business interests, along with the liquid or non-liquid character of the property and the tax consequences to each party, as part of the overall equitable distribution analysis.

Does the length of the marriage affect how property is divided?

Yes. The duration of the marriage is one of the statutory factors under DRL § 236(B)(5), along with the age and health of both spouses and several other considerations that the court weighs together rather than in isolation.

Can the court explain how it reached its property division decision?

New York law requires the court to set forth the factors it considered under DRL § 236(B)(5) and its reasons for the distribution it orders. This requirement applies in every case and cannot be waived by the parties.

Does Law Offices Of SRIS, P.C. guarantee a particular outcome in an equitable distribution case?

No. The firm does not guarantee any particular outcome in an equitable distribution matter. Results depend on how the marital estate is classified, valued, and weighed against the statutory factors in a specific case.

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.