Property Division Lawyer Suffolk County

New York is an equitable-distribution state, which means marital property is divided fairly rather than automatically split evenly, and the rules governing that process sit within Domestic Relations Law § 236(B). For a Suffolk County couple going through divorce, understanding what counts as marital property, what remains separate, and what factors a court weighs can shape both the negotiating strategy and the eventual outcome. Law Offices Of SRIS, P.C. represents clients in Suffolk County property division matters connected to divorce. The firm does not offer free consultations, but its intake line is staffed 24/7. The firm does not maintain a physical location in Suffolk County. Call (888) 437-7747 to schedule a consultation.

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Marital Property, Separate Property, and the Equitable Distribution Factors

DRL § 236(B)(1) defines “marital property” as all property acquired by either or both spouses during the marriage and before a separation agreement or matrimonial action, regardless of how title is held, apart from a defined carve-out for “separate property.” Separate property includes property owned before the marriage, property acquired by bequest, devise, descent, or gift from someone other than the spouse, compensation for personal injuries, and property or appreciation acquired in exchange for separate property, except to the extent that appreciation is due in part to the other spouse’s contributions or efforts.

Under DRL § 236(B)(5), marital property must be distributed equitably, considering the circumstances of the case and the parties, using 16 enumerated factors: among them, each party’s income and property at marriage and at the start of the action, the marriage’s duration and each party’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 benefits, any maintenance award, each spouse’s contributions including homemaker and career-support contributions, the liquid or non-liquid nature of assets, tax consequences, wasteful dissipation of assets, transfers made to defeat the other spouse’s claim, proven domestic violence, and the best interest of a companion animal. The statute expressly excludes a spouse’s own enhanced earning capacity from a license, degree, or career advancement from being treated as marital property subject to distribution, while still directing the court to consider the other spouse’s contribution to developing that capacity. Property division connected to a Suffolk County divorce is decided in Suffolk County Supreme Court, 1 Court Street, Riverhead, NY 11901, (631) 852-2000, part of the 10th Judicial District. The firm does not maintain a physical location in Suffolk County, and consultations are arranged by appointment.

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

Mr. Sris and the firm’s Of Counsel attorneys help Suffolk County clients identify and characterize assets as marital or separate property under DRL § 236(B)(1), a step that often determines whether an asset is even subject to distribution before the equitable-distribution factors in DRL § 236(B)(5) come into play. The firm works through the specific factors most relevant to a client’s case, such as the marriage’s duration, contributions to the marital estate, and tax consequences of a proposed division.

Because DRL § 236(B)(2)(b) imposes automatic orders restraining both parties from disposing of property, retirement accounts, or insurance coverage without consent or a court order once a matrimonial summons is filed or served, the firm advises clients early on what those restraints mean in practice for a pending Suffolk County case. The firm does not guarantee any particular division of property, since the outcome depends on the equitable-distribution factors a court applies to the specific facts of each case.

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. He is a former prosecutor and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He attended George Mason University, where he developed a background in accounting and information systems that he has applied to complex financial and technology-related matters in family law practice.

Mr. Sris and the firm’s Of Counsel attorneys represent clients in Suffolk County property division matters arising from divorce. The firm’s principal office is at 4008 Williamsburg Court, Fairfax, VA 22032, by appointment; it does not maintain a physical location in Suffolk County. The firm concentrates in family law matters, including equitable distribution and marital property disputes.

Frequently Asked Questions

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

DRL § 236(B)(1) defines marital property as property acquired by either spouse during the marriage, regardless of title, while separate property includes pre-marriage property, inherited or gifted property from a third party, personal-injury compensation, and property exchanged for separate property, with limited exceptions for appreciation tied to the other spouse’s efforts.

Does New York divide marital property equally?

Not necessarily. New York applies equitable distribution under DRL § 236(B)(5), which means a fair division based on 16 enumerated statutory factors, not an automatic 50/50 split.

Are professional licenses or degrees divided as marital property?

No. DRL § 236(B)(5) expressly excludes a spouse’s own enhanced earning capacity from a license, degree, or career advancement from being marital property subject to distribution, while still directing the court to consider the other spouse’s contribution to developing it.

What are the “automatic orders” that apply once a Suffolk County divorce is filed?

Under DRL § 236(B)(2)(b), filing or service of the summons triggers automatic restraints on disposing of property, retirement accounts, or insurance coverage without written consent or a court order, remaining in effect until judgment.

Where is property division decided in a Suffolk County divorce?

In Suffolk County Supreme Court, 1 Court Street, Riverhead, NY 11901, part of the 10th Judicial District, within the divorce action itself.

Does domestic violence affect property division?

It can. Proven domestic violence by either party is one of the enumerated factors a court may consider under DRL § 236(B)(5) when deciding an equitable distribution of marital property.

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.