Equitable Distribution Lawyer Suffolk County

Dividing property in a New York divorce is governed by an equitable distribution framework, not an automatic fifty-fifty split. Spouses going through divorce in Suffolk County often have questions about which assets count as marital property, which count as separate property, and how a court decides what a fair division looks like. Law Offices Of SRIS, P.C. helps clients throughout the Suffolk County area work through these questions, from identifying what belongs in the marital estate to understanding how a court weighs the statutory factors that guide distribution. Because equitable distribution cases are fact-intensive and often involve financial records, retirement accounts, and real property, an individualized review of the marital estate is typically the starting point. Call (888) 437-7747 to schedule a consultation to discuss the assets and records involved in your matter.

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Marital Property and Separate Property Under N.Y. Dom. Rel. Law § 236(B)(1)

Most divorces filed in New York today proceed under Part B of N.Y. Dom. Rel. Law § 236, which contains the definitions, equitable distribution rules, maintenance guidelines, financial disclosure requirements, and automatic orders that apply to the case. Under § 236(B)(1), marital property is broadly defined as all property acquired by either spouse, or both spouses together, during the marriage, regardless of how the property is titled, subject to certain stated exceptions. Separate property, by contrast, generally includes property owned by a spouse before the marriage, property acquired by bequest, devise, descent, or gift from someone other than the other spouse, compensation for personal injuries, and property acquired in exchange for separate property, along with the appreciation of separate property. That last category becomes fact-intensive quickly, because appreciation in separate property is not treated as separate when it results in part from the contributions or efforts of the other spouse. Sorting out what belongs on which side of that line often requires a careful review of account histories, deeds, and other financial records going back to before the marriage.

The Statutory Factors Guiding Equitable Distribution Under § 236(B)(5)

Once marital property has been identified, § 236(B)(5) directs the court to distribute it equitably, considering the circumstances of the case and the parties, guided by sixteen enumerated factors. These include the income and property each spouse had at the time of the marriage and at the commencement of the action, the duration of the marriage, the age and health of the parties, a custodial parent’s need to occupy the marital residence, the loss of inheritance or pension rights, the loss of health insurance benefits, any maintenance award, and each spouse’s contributions to the acquisition of marital property, including contributions as a homemaker or to the other spouse’s career or career potential. Notably, the statute excludes a spouse’s own professional license, degree, or celebrity goodwill from being treated as marital property, while still directing the court to consider the other spouse’s contribution to its development. The court also considers the liquidity of the marital assets, each party’s future financial circumstances, the difficulty of valuing certain assets or business interests, tax consequences to each party, any wasteful dissipation of assets, transfers made without fair consideration in contemplation of the divorce, proven domestic violence, and the best interests of a companion animal. Under § 236(B)(5)(h), the court must also consider whether either party has refused to remove a barrier to the other party’s remarriage, such as a religious divorce or get, as referenced in DRL § 253(6). A court is required to set forth in writing the factors it considered and the reasons for its decision.

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

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 and is 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 that he applies to cases involving complex financial disclosure and asset-classification issues in equitable distribution matters.

Mr. Sris and the firm’s Of Counsel attorneys assist clients throughout the Suffolk County area with equitable distribution matters, though the firm does not maintain a physical location in Suffolk County and meets with clients from the area by appointment. The firm does not offer free consultations; prospective clients may request a scheduled consultation by calling (888) 437-7747. The firm’s intake line is staffed 24/7. Because the outcome of any equitable distribution case depends on the specific assets, records, and circumstances involved, the firm does not guarantee any particular outcome in any matter.

Frequently Asked Questions

Does equitable distribution mean marital property is split fifty-fifty?

No. Equitable distribution means the court divides marital property fairly based on the circumstances of the case, guided by the factors in N.Y. Dom. Rel. Law § 236(B)(5). An equitable division is not required to be an equal one.

Is a business or professional license I earned during the marriage marital property?

A professional license or degree itself is excluded from being treated as marital property under § 236(B)(5), though the court still considers the other spouse’s contribution to obtaining it. A business interest can raise separate and more complex valuation questions.

What counts as separate property in a New York divorce?

Separate property generally includes what a spouse owned before the marriage, property received by gift or inheritance from someone other than the spouse, compensation for personal injury, and property acquired in exchange for separate property, along with certain appreciation of that property, under § 236(B)(1).

Can appreciation of separate property become marital property?

It can, in part. Appreciation of separate property generally remains separate, except to the extent the appreciation resulted from the contributions or efforts of the other spouse, which is a fact-intensive inquiry under § 236(B)(1).

Does a spouse’s refusal to grant a religious divorce affect property division?

Under § 236(B)(5)(h), a court considers whether a party has acted to refuse to remove a barrier to the other party’s remarriage, such as a religious divorce or get, referenced in DRL § 253(6), when distributing marital property.

Does Law Offices Of SRIS, P.C. handle equitable distribution matters for Suffolk County residents?

Yes. Mr. Sris and the firm’s Of Counsel attorneys work with clients throughout the Suffolk County area, though the firm does not maintain a physical location in Suffolk County. Consultations are by appointment.

Is a free consultation available?

No. The firm does not offer free consultations. Prospective clients may request a scheduled consultation by calling (888) 437-7747.

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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