Equitable Distribution Lawyer Staten Island

New York is an equitable distribution state, which means marital property is divided fairly rather than automatically split evenly between spouses. For Staten Island spouses going through a divorce, understanding what counts as marital property and which factors a court weighs can help set realistic expectations for a case. Law Offices Of SRIS, P.C. advises clients on how New York’s equitable distribution statute applies to their specific assets and circumstances. A contested equitable distribution matter for a Staten Island resident would typically be filed in Richmond County Supreme Court, 18 Richmond Terrace, Staten Island, NY 10301, within the 13th Judicial District. Call (888) 437-7747 to request a scheduled consultation.

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Marital Property Versus Separate Property

Domestic Relations Law § 236(B)(1) defines marital property as all property acquired by either or both spouses during the marriage, before a separation agreement or the commencement of a matrimonial action, regardless of how title is held. Separate property, by contrast, includes property acquired before the marriage, property received by bequest, devise, or gift from someone other than the spouse, compensation for personal injuries, and property acquired in exchange for separate property, along with its appreciation, except to the extent the appreciation is due in part to the other spouse’s contributions or efforts. This active-versus-passive appreciation distinction is often a central issue where one spouse owned an asset before the marriage but the asset grew in value during it. Marital debt is generally treated alongside marital property in this analysis, meaning liabilities incurred during the marriage, such as a mortgage, credit-card balances, or a joint loan, are typically weighed together with the assets when the court considers what an equitable overall distribution looks like. The firm reviews both sides of a client’s financial picture, assets and debts, before discussing how the classification rules are likely to apply.

The Sixteen Statutory Factors

Domestic Relations Law § 236(B)(5) directs a court to distribute marital property equitably after considering the circumstances of the case and of the parties, based on sixteen enumerated factors. These include each spouse’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, loss of health insurance, any maintenance award, each spouse’s contributions to acquiring marital property, including homemaker contributions, the liquid or non-liquid nature of assets, tax consequences, the difficulty of valuing certain assets or business interests, wasteful dissipation of assets, transfers made without fair consideration in contemplation of the action, domestic violence by either party, the best interest of a companion animal, and any other factor the court finds just and proper. The court must set out the specific factors it considered and its reasons for the decision, and the statute expressly excludes a spouse’s own professional license, degree, or celebrity goodwill from being treated as marital property. Because the statute directs the court to weigh these factors together rather than apply any single one automatically, two cases with a similar list of assets can still produce different outcomes depending on the marriage’s length, each spouse’s contributions, and the other case-specific circumstances presented. The firm organizes a client’s financial documentation around these sixteen factors before discussing how they are likely to apply to the specific assets involved.

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

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor who founded the firm in 1997. He is admitted to practice law 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 reviewing marital and separate property issues in divorce matters. The firm’s Of Counsel attorneys assist with New York family law matters as part of the firm’s broader practice.

The firm’s principal office is located at 4008 Williamsburg Court, Fairfax, VA 22032, by appointment. The firm does not maintain a physical location in Staten Island, and it does not offer free consultations; individuals may request a scheduled consultation by calling (888) 437-7747. The firm’s intake line is staffed 24/7. The firm does not guarantee any particular outcome in any matter, and results depend on the facts and circumstances specific to each case.

Frequently Asked Questions

Does equitable distribution mean a 50/50 split?

No. Domestic Relations Law § 236(B)(5) requires an equitable, meaning fair, distribution based on sixteen enumerated factors, which can result in an unequal division depending on the circumstances.

Is an inheritance considered marital property?

Generally not. Under Domestic Relations Law § 236(B)(1), property received by bequest, devise, or gift from someone other than the spouse is defined as separate property, though its treatment can depend on how it was used during the marriage.

What happens to a house one spouse owned before the marriage?

The house itself may remain separate property, but appreciation in its value during the marriage can become marital property to the extent the increase is due in part to the other spouse’s contributions or efforts under § 236(B)(1).

Can my spouse claim part of my professional license?

No. Section 236(B)(5) expressly excludes a professional license, degree, or celebrity goodwill from marital property, although the court still considers the other spouse’s contributions to developing that earning capacity.

Does the court have to explain how it divided property?

Yes. Domestic Relations Law § 236(B)(5) requires the court to set forth the factors it considered and its reasons for the distribution it orders; this requirement cannot be waived.

Where would a Staten Island equitable distribution dispute be litigated?

Typically in Richmond County Supreme Court, 18 Richmond Terrace, Staten Island, NY 10301, within the 13th Judicial District, which handles matrimonial actions for Richmond County.

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.