Property Division Lawyer Queens County
New York is an equitable distribution state, which surprises some Queens County spouses who assume a divorce automatically splits everything down the middle. It does not. “Equitable” means fair under the circumstances, which can result in an even split, but can also result in a different allocation depending on the length of the marriage, each spouse’s contributions, and a list of other statutory factors a court is required to weigh. Understanding what counts as marital property versus separate property, and how the statutory factors apply to a specific household’s assets, is often the difference between a property division outcome that feels fair and one that does not. Law Offices Of SRIS, P.C. represents Queens County spouses in property division matters and can be reached to schedule a consultation at (888) 437-7747.
What Property Division Means in Queens County
N.Y. Dom. Rel. Law § 236(B)(5) directs that marital property be distributed equitably between the parties, considering the circumstances of the case and of the respective parties, while separate property remains with its owner. The statute lists 16 factors a court must consider, including the income and property of each party at marriage and at the start of the action, the length of the marriage and each spouse’s age and health, 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 direct or indirect contributions to acquiring marital property, including homemaker and parenting contributions, the liquid or non-liquid nature of assets, tax consequences, wasteful dissipation of assets, and domestic violence by either party.
One statutory point that surprises many spouses: § 236(B)(5) expressly excludes a spouse’s own professional license, degree, or career enhancement from marital property subject to distribution, while still directing the court to consider the other spouse’s contribution to developing that enhanced earning capacity. In other words, a spouse’s own degree is not itself a divisible asset, but the court can still account for how the other spouse supported that achievement when dividing the property that is on the table. The statute also requires the court to set forth, in writing, the factors it considered and its reasons for the distribution ordered, a requirement that cannot be waived. Property division disputes for Queens County residents are heard at Queens County Supreme Court, 88-11 Sutphin Boulevard, Jamaica, NY 11435, in the 11th Judicial District.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle These Cases
Mr. Sris and the firm’s Of Counsel attorneys begin property division cases for Queens County clients by identifying and characterizing each asset as marital or separate property, since that threshold classification shapes everything that follows. Real estate, retirement accounts, business interests, and jointly titled accounts each require their own analysis, particularly where an asset was acquired before the marriage but appreciated during it, or where separate and marital funds were commingled over the years.
Once assets are classified, the firm builds its case around the specific § 236(B)(5) factors most relevant to the client’s circumstances, whether that is the length of the marriage, contributions to the other spouse’s career, the tax consequences of a proposed division, or the difficulty of valuing a particular asset. Because the statute requires the court to state its reasoning in writing, the firm approaches property division litigation with an eye toward building a record that supports a favorable, defensible outcome rather than simply arguing for a preferred result. For clients who want to resolve property issues through negotiation rather than litigation, the firm works toward a settlement that reflects the statutory factors while avoiding the cost and uncertainty of a contested hearing, without ever suggesting that any particular division is guaranteed. The team is direct about the distinction between a spouse’s own enhanced earning capacity, which the statute excludes from distribution, and the other spouse’s contribution to it, which the statute does allow the court to consider.
Attorney Background
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. His background in accounting and information systems has been applied to cases involving complex financial and technology-related issues, which is directly relevant to property division matters requiring careful tracing and valuation of marital and separate assets. Mr. Sris and the firm’s Of Counsel attorneys, who contract directly with the firm and are described collectively, represent Queens County spouses in property division disputes ranging from straightforward asset splits to complex, multi-asset cases. The firm concentrates in family law across the jurisdictions where its attorneys are admitted and does not offer free consultations; a prospective client may request a scheduled consultation. The firm’s principal office is located in Fairfax, Virginia, and meetings are by appointment.
Frequently Asked Questions
Does New York divide marital property 50/50?
Not automatically. N.Y. Dom. Rel. Law § 236(B)(5) requires equitable, meaning fair, distribution based on 16 statutory factors and the circumstances of the case, which can result in an equal split but does not require one.
What is the difference between marital and separate property?
Marital property is generally property either spouse acquired during the marriage, regardless of whose name is on it. Separate property includes property owned before the marriage, gifts or inheritances from someone other than the spouse, and compensation for personal injuries.
Is a professional license or degree divided in a Queens County divorce?
No. DRL § 236(B)(5) expressly excludes a spouse’s own professional license, degree, or career enhancement from marital property, though the court still considers the other spouse’s contribution to developing that enhanced earning capacity when dividing other assets.
What factors does the court consider when dividing property?
The 16 statutory factors under § 236(B)(5) include the length of the marriage, each spouse’s income and contributions, the need of a custodial parent to remain in the marital home, tax consequences, and wasteful dissipation of assets, among others.
Does the court have to explain how it divided property?
Yes. § 236(B)(5) requires the court to set forth the factors it considered and its reasons for the distribution in writing, and this requirement cannot be waived by the parties.