Marital Property Division Lawyer Nassau County

Dividing property in a New York divorce starts with a threshold question: is a given asset marital property subject to division, or separate property that belongs to one spouse alone? Judges at the Nassau County Supreme Court, 100 Supreme Court Drive in Mineola, apply the same statutory definitions and factors used throughout New York to answer that question and to divide marital property between divorcing spouses. Law Offices Of SRIS, P.C. represents spouses in Nassau County property division matters, from identifying what counts as marital property to presenting the factors a court considers when dividing it. This page explains how New York defines marital and separate property, and how a court divides marital property equitably rather than automatically equally. Call (888) 437-7747 to request a scheduled consultation about a property division matter.

On this page

What Counts as Marital Property Versus Separate Property

N.Y. Dom. Rel. Law § 236(B)(1) defines marital property broadly as all property acquired by either or both spouses during the marriage, before the execution of a separation agreement or the commencement of a matrimonial action, regardless of how title to the property is held. Property does not need to be jointly titled to qualify as marital property; property acquired during the marriage in one spouse’s name alone can still be marital property under this definition.

The statute carves out a narrower category of separate property, which includes property acquired before the marriage; property acquired by bequest, devise, descent from an estate, or gift from a third party; compensation for personal injuries; and property acquired in exchange for separate property, or the appreciation in value of separate property, except to the extent the appreciation is due in part to the efforts or contributions of the other spouse. Property that the parties have agreed in writing is separate property is also excluded from the marital estate. Because these categories can overlap in practice, such as when separate funds are mixed with marital funds, or when one spouse’s efforts help increase the value of the other spouse’s separate property, classifying a specific asset often requires a close look at how it was acquired, titled, and used during the marriage.

Equitable Distribution: How Marital Property Is Divided

Once property is classified as marital, N.Y. Dom. Rel. Law § 236(B)(5) directs the court to distribute it equitably between the spouses, considering the circumstances of the case. Equitable does not mean automatically equal; the statute lists a series of factors the court considers, including the income and property each spouse had at the time of the marriage and at the start of the divorce action, the duration of the marriage, the age and health of the parties, the custodial parent’s need to remain in the marital residence, any loss of inheritance, pension, or health insurance rights resulting from the divorce, any maintenance award, and each spouse’s contributions to the marriage, including contributions as a homemaker or parent.

The statute also addresses several specific issues: a spouse’s own professional license, degree, or celebrity goodwill is not itself treated as distributable marital property, though the other spouse’s contributions to its development can still be credited elsewhere in the analysis. The court also considers the liquid or non-liquid character of the marital property, the difficulty of valuing certain assets, the tax consequences of a proposed distribution, any wasteful dissipation of assets, any transfers made in bad faith in contemplation of the divorce, evidence of domestic violence, the best interest of any companion animal of the marriage, and any other factor the court finds just and proper.

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

Mr. Sris founded Law Offices Of SRIS, P.C. in 1997 and serves as the firm’s Owner and Founder. 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 when reviewing financial records in property division cases involving business interests, retirement accounts, and other complex assets.

Mr. Sris and the firm’s Of Counsel attorneys represent spouses before the Nassau County Supreme Court and other New York State trial courts in Nassau County in equitable distribution disputes, from classifying property as marital or separate to presenting the statutory factors that guide how it is divided. The firm does not offer free consultations; prospective clients may request a scheduled consultation by calling the intake line, which is staffed 24/7. The firm does not maintain a physical location in Nassau County. Consultations are conducted by appointment. Because equitable distribution depends on the facts of each marriage, the firm does not guarantee any particular division of property.

Frequently Asked Questions

What is the difference between marital and separate property in New York?

Marital property under DRL § 236(B)(1) is property either spouse acquired during the marriage, regardless of title. Separate property is a narrower category that includes property owned before the marriage, gifts or inheritances from third parties, personal injury compensation, and certain appreciation of separate property.

Does it matter whose name is on the title?

Not necessarily. Property acquired during the marriage can be marital property even if it is titled in only one spouse’s name, since DRL § 236(B)(1) looks at when and how property was acquired rather than how it is titled.

Does equitable distribution mean property is split 50/50?

No. DRL § 236(B)(5) requires an equitable, not automatically equal, division based on a list of statutory factors and the circumstances of the case.

Is a professional license or degree divided in a New York divorce?

A spouse’s own professional license, degree, or celebrity goodwill is not itself treated as distributable marital property, though the other spouse’s contributions toward its development can still be considered elsewhere in the analysis.

Can a homemaker’s contributions affect property division?

Yes. The statutory factors under DRL § 236(B)(5) include each spouse’s contributions to the marriage, including contributions as a homemaker or parent.

What happens if one spouse transfers or dissipates assets before a divorce?

The court can consider wasteful dissipation of marital assets and any bad-faith transfers made in contemplation of the divorce as factors in the equitable distribution analysis.

Where are Nassau County property division cases heard?

Nassau County matrimonial matters are heard in the New York State trial courts in Nassau County, including the Nassau County Supreme Court at 100 Supreme Court Drive in Mineola.

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.