Property Division Lawyer New York

New York does not require a fifty-fifty split of marital property, and that single fact surprises a lot of people going through divorce for the first time. Instead, the law asks a court to divide marital property “equitably,” a word that sounds close to “equally” but is not the same thing. Equitable distribution weighs a long list of circumstances specific to each marriage, which means two couples with similar assets can end up with very different distribution outcomes depending on their individual facts. Law Offices Of SRIS, P.C. represents clients throughout New York in property division matters arising from divorce, working through the statutory factors that shape how a court, or a negotiated agreement, allocates marital assets and debts. The firm has been practicing since 1997. To discuss property division in your case, call (888) 437-7747 to request a consultation.

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What Property Division Means in New York

Property division in New York is governed by DRL § 236(B)(5), which directs that marital property “shall be distributed equitably between the parties, considering the circumstances of the case and of the respective parties.” Separate property is not subject to this distribution and remains with its owner. The statute then lists sixteen enumerated factors the court must consider in reaching an equitable result, including: each party’s income and property at the time of the marriage and at the time the action was commenced; the duration of the marriage and the age and health of both parties; the need of a custodial parent to occupy or own the marital residence; the loss of inheritance and pension rights upon dissolution of the marriage; the loss of health insurance benefits upon dissolution; any maintenance award; each party’s direct or indirect contributions to the acquisition of marital property, including contributions as a spouse, parent, wage earner, or homemaker, and contributions to the other party’s career or earning capacity; the liquid or non-liquid character of the marital property; the probable future financial circumstances of each party; the difficulty of valuing certain assets or business interests; the tax consequences to each party; any wasteful dissipation of marital assets; any transfer or encumbrance made in contemplation of the divorce without fair consideration; domestic violence by either party; the best interest of any companion animal of the marriage; and any other factor the court expressly finds to be just and proper.

Notably, the statute expressly excludes a spouse’s own professional license, degree, celebrity goodwill, or career enhancement from being treated as marital property subject to distribution, while still directing the court to consider the other spouse’s contribution to developing that enhanced earning capacity. The court is also required to set forth which factors it considered and its reasons for the decision, a requirement that cannot be waived, and it must separately consider any “barrier to remarriage,” such as a refusal to grant a religious divorce, under DRL § 253(6).

Because the statute lists so many factors without ranking them, property division cases are heavily fact-driven. The same sixteen factors can point in different directions depending on the length of the marriage, each spouse’s financial role during it, and the nature of the assets involved, which is why two marriages with comparable net worth can see meaningfully different distribution outcomes.

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

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., and the firm’s Of Counsel attorneys work through the DRL § 236(B)(5) factors systematically for each client, identifying which factors carry the most weight given the specific marriage at issue. For a longer marriage with one spouse who worked primarily inside the home, contribution and future-circumstances factors often take on particular importance. For a marriage involving a business or professional practice, valuation difficulty and the earning-capacity carve-out for licenses and degrees often become central.

The firm gathers the financial documentation needed to support a client’s position on each relevant factor, including records of premarital assets, income history, and any transfers or dissipation of assets that may be relevant to the court’s analysis. Where a spouse’s career or earning capacity grew during the marriage with the other spouse’s support, the firm works to document that contribution, since it can affect the equitable distribution analysis even though the license or degree itself is not treated as marital property.

Mr. Sris and the firm’s Of Counsel attorneys prepare property division cases for negotiation first, recognizing that a settled distribution can often better reflect a family’s actual priorities than a fully litigated result, while remaining ready to present the DRL § 236(B)(5) factors to the court when a negotiated resolution is not reached. The firm’s intake line provides 24/7 phone intake for clients who want to discuss how property division may apply to their situation.

About the Firm

Law Offices Of SRIS, P.C. has been practicing since 1997. Mr. Sris, the firm’s Owner and Founder, is a former prosecutor admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He studied at George Mason University, with a background in accounting and information systems that the firm applies to the valuation and financial-documentation challenges that often arise in a property division case. Attorneys who work on client matters beyond Mr. Sris are referred to collectively as the firm’s Of Counsel attorneys and contract directly with the firm.

Mr. Sris and the firm’s Of Counsel attorneys work with clients to build a factual record addressing the specific DRL § 236(B)(5) factors most relevant to their marriage, rather than treating property division as a single, generic calculation. The firm’s approach reflects the reality that equitable distribution in New York depends on the particular circumstances of each case.

Frequently Asked Questions

Does New York divide marital property equally in a divorce?

No. DRL § 236(B)(5) requires an equitable distribution of marital property, not necessarily an equal one. The court weighs sixteen enumerated statutory factors to reach a result it considers fair given the circumstances of the marriage.

What factors does a New York court consider in dividing property?

DRL § 236(B)(5) lists sixteen factors, including each spouse’s income and property at marriage and at the start of the action, the length of the marriage, contributions to acquiring marital property, the need of a custodial parent to occupy the marital residence, and any wasteful dissipation of assets, among others.

Is a professional license or degree considered marital property?

No. DRL § 236(B)(5) expressly excludes a spouse’s own professional license, degree, celebrity goodwill, or career enhancement from marital property subject to distribution, though the court still considers the other spouse’s contribution to developing that earning capacity.

Does the court have to explain how it divided property?

Yes. DRL § 236(B)(5) requires the court to set forth the factors it considered and its reasons for the distribution it orders, and this requirement cannot be waived by the parties.

What is separate property, and does it get divided too?

Separate property is not subject to equitable distribution under DRL § 236(B)(5) and generally remains with the spouse who owns it, distinct from the marital property that is divided between the parties.

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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