Property Division Lawyer Brooklyn

When a marriage ends in Kings County, dividing the property spouses acquired together is often the most contested part of the case. New York is an equitable distribution state, and Kings County Supreme Court, at 360 Adams Street, Brooklyn, NY 11201, applies Domestic Relations Law §236(B)(5) to determine how marital property is divided between divorcing spouses. Equitable distribution does not mean an automatic fifty-fifty split; instead, the court weighs a list of statutory factors specific to the marriage before it, including each spouse’s income and property at the time of the marriage and at the time the divorce case began, the duration of the marriage, and the needs of a custodial parent to occupy or own the marital residence. For Brooklyn couples who own a co-op, condominium, retirement account, or business interest, understanding how these factors apply can shape both litigation strategy and settlement decisions long before a trial date is set. Separate property, meaning property owned before the marriage or received by gift or inheritance from someone other than a spouse, generally remains with its owner, while property acquired during the marriage is generally treated as marital and subject to division under the statute. The firm represents clients throughout Kings County in property division matters, applying DRL §236(B)(5)’s factors to the specific assets and circumstances involved in each case. To discuss how equitable distribution might apply to your marital property, call (888) 437-7747 to schedule a consultation.

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What Property Division Means in Brooklyn

New York’s equitable distribution framework is set out in Domestic Relations Law §236(B)(5). Under the statute, separate property remains with the spouse who owns it, while marital property is distributed equitably between the parties based on the circumstances of the case and of each spouse. Equitable does not mean equal; a Kings County Supreme Court judge has discretion to divide marital property in a manner that may or may not be a fifty-fifty split, depending on the statutory factors that apply.

DRL §236(B)(5) lists a substantial number of factors the court must consider. These include the income and property of each spouse at the time of the marriage and at the time the divorce action began, the duration of the marriage, and the age and health of both parties. The statute also directs the court to consider a custodial parent’s need to occupy or own the marital residence, any loss of inheritance or pension rights caused by the divorce, and the loss of health insurance benefits. The court weighs any maintenance award, each spouse’s contributions to acquiring marital property, including contributions as a homemaker or parent, and contributions one spouse made to the other’s career or earning capacity.

The statute is explicit that a spouse’s own professional license, degree, celebrity goodwill, or career enhancement is not itself classified as marital property subject to distribution, even though the court still considers the other spouse’s contributions to developing that enhanced earning capacity as one of the equitable factors. Additional factors include the liquid or non-liquid character of marital assets, the probable future financial circumstances of each party, 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, domestic violence by either party, and the best interest of a companion animal in awarding its possession. A Kings County Supreme Court judge who decides property division after trial must set forth the factors considered and the reasons for the decision, a requirement the statute does not allow the court to waive.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Property Division Cases

Property division cases in Kings County often involve a mix of asset types, real property, retirement accounts, business interests, and personal property accumulated over the course of a marriage. Mr. Sris and the firm’s Of Counsel attorneys begin by identifying which assets are separate property and which are marital property subject to distribution under DRL §236(B)(5), since this classification affects how the rest of the case is approached. For Brooklyn clients who own a co-op or condominium, the firm considers how the marital residence factor, including a custodial parent’s need to occupy or own the home, may apply to the specific family situation.

Because the statute directs the court to weigh a substantial list of factors, including the duration of the marriage, contributions as a homemaker or parent, and contributions to a spouse’s enhanced earning capacity, the firm builds a factual record addressing the factors most relevant to each client’s case rather than treating equitable distribution as a formula. Mr. Sris’s background in accounting and information systems from George Mason University is applied to the financial aspects of these cases, including valuing business interests, tracing separate property, and analyzing tax consequences under the statute.

The firm also advises clients that a professional license or degree is not itself treated as marital property under DRL §236(B)(5), even where a spouse’s contributions to the other’s career may still be a relevant factor. Whether a case proceeds toward settlement or trial before a Kings County Supreme Court judge, the firm’s approach centers on presenting the statutory factors clearly, since the court is required to explain the factors it relied on and its reasons for the ultimate division.

About the Firm

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 and has practiced law since that time. He is a former prosecutor and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background in accounting and information systems from George Mason University is applied to complex financial and technology-related cases, including the asset tracing and valuation work that property division cases frequently require.

Mr. Sris and the firm’s Of Counsel attorneys represent clients in matrimonial and family law matters throughout New York, including Kings County. The firm practices in property division, custody, support, and agreement matters arising under New York’s Domestic Relations Law, approaching each case according to its own asset picture rather than a standard formula.

The firm’s principal office is located in Fairfax, Virginia, and the firm does not maintain a physical location in Brooklyn. Clients throughout Kings County are served by appointment, with consultations scheduled in advance by phone. The firm does not offer free consultations; individuals who want to discuss a property division matter can call (888) 437-7747 to schedule a consultation.

Frequently Asked Questions

What is equitable distribution under New York law?
Equitable distribution is the framework New York uses to divide marital property in a divorce, set out in Domestic Relations Law §236(B)(5). Separate property remains with the spouse who owns it, while marital property, generally property acquired during the marriage, is divided between the spouses in a manner the court considers fair based on a list of statutory factors. Equitable does not mean an automatic equal split. A Kings County Supreme Court judge weighs factors such as the length of the marriage, each spouse’s income and property at the start and end of the marriage, and contributions each spouse made, before deciding how to divide the marital estate.

Is a professional license or degree treated as marital property?
No. DRL §236(B)(5) specifically excludes a spouse’s own professional license, degree, celebrity goodwill, or career enhancement from classification as marital property subject to distribution. The statute still directs the court to consider the other spouse’s contributions to developing that enhanced earning capacity as one of the equitable distribution factors, but the license or degree itself is not divided as an asset. This distinction matters for spouses who supported a partner through school or professional training, since the contribution can still be weighed even though the credential itself is not treated as property.

How does the marital residence get divided in a Brooklyn divorce?
The marital residence, whether a co-op, condominium, or house, is generally treated as marital property if it was acquired during the marriage, and it is divided under the same DRL §236(B)(5) factors that apply to other marital assets. One specific factor the court considers is the need of a custodial parent to occupy or own the marital residence, which can affect how the home is treated relative to other assets in the overall division. The outcome depends on the full set of factors and the family’s specific circumstances, since the statute does not assign the residence to either spouse automatically.

What happens if marital assets are difficult to value, such as a business interest?
DRL §236(B)(5) directs the court to consider the difficulty of valuing certain assets or business interests as one of the equitable distribution factors. This means a Kings County Supreme Court judge can account for valuation challenges when deciding how to divide property that does not have a clear market price, such as a closely held business or certain investment holdings. The statute also allows the court to weigh the liquid or non-liquid character of the marital assets, since dividing an illiquid asset can raise different practical issues than dividing a bank account or a marketable security.

Does the firm offer a free consultation for property division cases?
The firm does not offer free consultations. If you want to discuss how equitable distribution might apply to your marital property, you can call (888) 437-7747 to schedule a consultation. During that scheduled time, you can go over the assets involved in your case and ask questions about how DRL §236(B)(5)’s factors may apply to your circumstances. Because every marital estate is different, a scheduled consultation allows the discussion to focus on your specific property and financial picture rather than general information alone.

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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