New York follows equitable distribution law, meaning marital assets are divided fairly but not necessarily equally. Unlike community property states that mandate 50/50 splits, New York courts consider multiple factors to determine fair allocation. The process begins by classifying assets as marital or separate property.

Marital property includes assets acquired during marriage, regardless of whose name appears on titles. Separate property encompasses pre-marital assets, inheritances, gifts to one spouse, and personal injury awards. The classification process involves tracing asset origins and appreciation.

Judges have broad discretion in weighing factors and crafting distributions. While equal division is common, disparities in earning capacity, health issues, or custody arrangements can justify unequal splits. Understanding these principles helps set realistic expectations and negotiate settlements.