Fairly divide marital assets and debts in your divorce. Calculate equitable distribution, track property ownership, and visualize the division of your marital estate with our comprehensive calculator.
Our experienced NYC divorce attorneys can help you navigate complex property division, protect your assets, and ensure you receive your fair share of the marital estate.
New York is an equitable distribution state, meaning marital property is divided fairly—but not necessarily equally—between divorcing spouses. Unlike community property states that automatically split assets 50/50, New York courts consider numerous factors to determine what constitutes a fair division based on each couple's unique circumstances.
The first step in property division is determining which assets are marital property (subject to division) and which are separate property (belonging to one spouse). This classification significantly impacts how assets are distributed.
New York Domestic Relations Law Section 236(B)(5)(d) outlines specific factors courts must consider when dividing marital property equitably:
Courts examine both current income and future earning capacity, as well as all assets each spouse possesses, including separate property that may affect their financial needs.
Longer marriages often result in more equal distribution, while shorter marriages may favor closer to what each spouse brought into the marriage.
Older spouses or those with health issues may receive a larger share due to reduced earning capacity and increased medical expenses.
Education, skills, work experience, and career prospects influence how much each spouse can earn independently after divorce.
Both financial contributions and non-monetary contributions like homemaking, childcare, and career sacrifices are considered valuable.
The custodial parent may receive additional assets to provide stability for the children, including the family home.
The family home is often the largest marital asset and most emotionally significant. Division options include:
Retirement benefits earned during marriage are marital property requiring careful division:
Businesses started or grown during marriage require professional valuation and careful division:
Stocks, bonds, mutual funds, and other investments accumulated during marriage:
Just as assets are divided, marital debts must also be allocated between spouses. The key is determining which debts are marital obligations versus individual responsibilities.
When separate property becomes mixed with marital property, it may lose its separate character:
New York recognizes professional licenses and degrees as marital property when:
Property division can have significant tax consequences that affect net value:
Consider future appreciation, ongoing costs, and tax implications, not just today's value.
Full disclosure is required. Hidden assets can result in severe penalties and loss of credibility.
A $100,000 taxable investment account is worth less than $100,000 in cash after taxes.
Wanting to keep the house for sentimental reasons may not be financially practical.
Poor record-keeping can turn separate property into marital property.
Most property transfers should be completed within specific timeframes outlined in your divorce decree:
Some financial obligations continue beyond the divorce decree:
Property division is one of the most complex aspects of divorce with long-lasting financial implications. Our experienced New York divorce attorneys will fight to protect your assets and ensure you receive your fair share of the marital estate.
TREATING YOU LIKE FAMILY SINCE 1976
24/7 Free Consultation • No Obligation Case Review