Marital Property Division Lawyer Suffolk County

New York is an equitable distribution state, which means marital property is divided fairly between spouses, though not necessarily equally. Determining what counts as marital property, as opposed to separate property that belongs to one spouse alone, and then dividing that marital property in a way a court will consider equitable, are often the central questions in a Suffolk County divorce. Law Offices Of SRIS, P.C. represents clients in Suffolk County property division matters, from identifying and characterizing assets to presenting the statutory factors that guide an equitable award. The firm does not guarantee any particular outcome in any matter. To discuss a property division question, call (888) 437-7747 to request a scheduled consultation.

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What Counts as Marital Property Under DRL § 236(B)(1)

N.Y. Domestic Relations Law § 236(B)(1) defines marital property broadly, as all property acquired by either or both spouses during the marriage, up until the execution of a separation agreement or the commencement of a matrimonial action, regardless of how the property is titled. Property titled solely in one spouse’s name can still be marital property if it was acquired during the marriage. The statute excludes certain categories, called separate property, from this definition. Separate property includes property owned by a spouse before the marriage; property acquired during the marriage by bequest, devise, descent, or gift from someone other than the other spouse; compensation for personal injuries; property acquired in exchange for separate property, along with the appreciation of separate property, except that appreciation is not treated as separate when it is due in part to the contributions or efforts of the other spouse, a fact-intensive determination that depends on the circumstances of each case; and property that the parties agree in writing to treat as separate. Because the line between marital and separate property often depends on how an asset was acquired, titled, and maintained over the course of a marriage, tracing the source and history of a disputed asset is frequently a central part of a property division case.

How a Court Divides Marital Property: Equitable, Not Automatically Equal

Once property is classified as marital, N.Y. Domestic Relations Law § 236(B)(5) directs a court to distribute it equitably between the spouses, considering the circumstances of the case and a list of sixteen enumerated factors. These factors include the income and property each spouse had at the time of the marriage and at the time the case began, the duration of the marriage, whether a custodial parent needs to remain in the marital residence, the loss of inheritance, pension, or health-insurance benefits resulting from the divorce, each spouse’s contributions toward acquiring the marital property, including contributions as a homemaker, the liquidity of the marital assets, any difficulty in valuing certain assets, the tax consequences of a proposed distribution, any wasteful dissipation of marital property, any transfer of property made without fair consideration, and any proven domestic violence, among other factors a court finds just and proper to consider. The statute also expressly excludes a professional license, a professional degree, or celebrity goodwill from the definition of marital property subject to distribution, while still allowing a court to consider a spouse’s contributions toward the development of that license, degree, or career when weighing the equitable factors overall. A Suffolk County court applying these factors must identify which ones it considered and explain its reasoning for the resulting distribution; equitable distribution does not mean marital property is automatically split fifty-fifty.

Common Assets at Issue in a Property Division Case

Marital property disputes in a Suffolk County divorce can involve a range of assets, including real property, retirement and pension accounts, business interests, and investment or bank accounts accumulated during the marriage. Because retirement accounts and businesses are often valued and divided using specialized methods, and because a marital residence may need to be sold, refinanced, or awarded to one spouse depending on custody and financial circumstances, property division frequently intersects with other issues in a divorce, including maintenance and custody. Law Offices Of SRIS, P.C. works through these issues with clients to identify what property exists, how it should be characterized, and what an equitable outcome may look like given the statutory factors.

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 the financial and property analysis often required in equitable distribution cases.

Mr. Sris and the firm’s Of Counsel attorneys assist Suffolk County clients with identifying, characterizing, and dividing marital property in a divorce. Law Offices Of SRIS, P.C. does not maintain a physical location in Suffolk County, and the firm does not offer free consultations; consultations are scheduled by appointment. The firm’s intake line is staffed 24/7 at (888) 437-7747. The firm does not guarantee any particular outcome in any matter.

Frequently Asked Questions

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

Marital property generally includes property acquired by either spouse during the marriage, regardless of title, under N.Y. Domestic Relations Law § 236(B)(1). Separate property includes property owned before the marriage, gifts or inheritances from someone other than the other spouse, personal injury compensation, and property the parties agree in writing to treat as separate.

Does New York divide marital property equally between spouses?

Not automatically. New York is an equitable distribution state under N.Y. Domestic Relations Law § 236(B)(5), meaning marital property is divided fairly based on sixteen enumerated statutory factors and the circumstances of the case, which does not always result in an equal split.

Is a professional license or degree considered marital property?

No. The statute expressly excludes a professional license, professional degree, and celebrity goodwill from the definition of distributable marital property, although a court can still consider a spouse’s contributions toward developing that license, degree, or career when weighing the overall equitable factors.

Can property that appreciated in value during the marriage be marital property?

It depends on the facts. Appreciation of separate property is generally still separate property, except that appreciation is not treated as separate when it results in part from the other spouse’s contributions or efforts. This is a fact-intensive determination.

What factors does a Suffolk County court consider when dividing property?

A court considers sixteen enumerated factors under N.Y. Domestic Relations Law § 236(B)(5), including each spouse’s income and property at the start and end of the marriage, the marriage’s duration, contributions to acquiring marital property, tax consequences, valuation difficulty, and any wasteful dissipation or transfers made without fair consideration, among others.

Does Law Offices Of SRIS, P.C. have a Suffolk County office?

No. The firm does not maintain a physical location in Suffolk County. Consultations are scheduled by appointment, and the firm’s intake line is staffed 24/7 at (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.

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