New York is an equitable distribution state. The court divides marital property fairly based on statutory factors under DRL §236 Part B. See how your assets may be divided.
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Equitable Distribution
Property System
Equitable
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DRL §236 Part B
Primary Statute
Multiple pathways
Min. Residency
New York is an equitable distribution state, meaning the court divides marital property in a way that is fair but not necessarily equal. Under DRL §236 Part B, the judge has discretion to consider multiple factors when determining an appropriate division.
While a 50/50 split is common starting point, the court may award a disproportionate share to one spouse based on factors such as the length of the marriage, each party's economic circumstances, contributions to the marriage (including homemaking), and the needs of any children.
Only marital property is subject to division. Separate property — typically assets owned before the marriage, gifts, and inheritances — is generally excluded from the marital estate, though the rules for commingling and transmutation vary.
Primary statute: DRL §236 Part B
Separate property (DRL §236 B(1)(d)) includes property acquired before marriage, by gift or inheritance, and personal injury compensation. Active appreciation due to a spouse's efforts is marital; passive appreciation remains separate. Commingling creates a presumption of donative intent.
The classification of property as separate or marital is often the most contested issue in divorce proceedings. Commingling of separate and marital funds can transform the character of an asset, making it partially or entirely subject to division. Proper tracing documentation is essential to protect separate property claims.
Income and property of each party at time of marriage and at commencement of the action
Duration of the marriage and age and health of both parties
Need of custodial parent to occupy the marital residence
Loss of inheritance and pension rights upon dissolution
Loss of health insurance benefits upon dissolution
Any award of maintenance
Equitable claim, interest, or direct/indirect contribution to acquisition of marital property (including homemaker contributions)
Liquid or non-liquid character of all marital property
Probable future financial circumstances of each party
Impossibility or difficulty of evaluating interest in a business or profession
Tax consequences to each party
Wasteful dissipation of assets by either spouse
Transfer or encumbrance in contemplation of divorce without fair consideration
Domestic violence (added 2020)
Any other factor the court expressly finds just and proper
Courts can use different valuation dates for different assets in the same case.
Tolmasoff credits for post-commencement payments on marital debts.
Enhanced earning capacity is NOT marital property (2016 reform overruling O'Brien v. O'Brien).
Commingling risk is HIGH — depositing separate property into joint accounts creates presumption of donative intent.
Enter your assets, debts, and situation. Get a personalized property division estimate based on New York law.
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CSSA percentage of combined parental income under DRL §240(1-b), FCA §413 (Child Support Standards Act)
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Formula-based under DRL §236 B(5-a) (temporary), §236 B(6) (post-divorce)
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New York is a equitable distribution state. No 50/50 presumption — equitable distribution with complete judicial discretion based on 15 statutory factors. The primary statute governing property division is DRL §236 Part B. The court considers multiple statutory factors to determine a fair (but not necessarily equal) division of marital property.
Separate property (DRL §236 B(1)(d)) includes property acquired before marriage, by gift or inheritance, and personal injury compensation. Active appreciation due to a spouse's efforts is marital; passive appreciation remains separate. Commingling creates a presumption of donative intent.
No. New York is an equitable distribution state, which means the court divides marital property fairly but not necessarily equally. The judge considers multiple statutory factors to determine what is equitable in each case.
New York has several unique features: Courts can use different valuation dates for different assets in the same case. Tolmasoff credits for post-commencement payments on marital debts.
Get a personalized property division analysis based on New York's equitable distribution laws.
Start My Free New YorkEstimate →This tool provides educational estimates based on New York equitable distribution law and does not constitute legal advice. Property division calculations are estimates and actual court outcomes may vary. Consult a licensed New York family law attorney before making decisions. Primary statute: DRL §236 Part B.