New York Divorce Property Division
What the Law Says
New York courts divide marital property under an equitable distribution standard — the judge decides what's fair, which may or may not be 50/50. The statute lists specific factors the court must weigh.
New York divides marital property equitably using a detailed statutory framework. Courts consider numerous enumerated factors to achieve a fair and just distribution tailored to the specific circumstances.
Statutory Factors (N.Y. Dom. Rel. Law §236(B))
New York courts are required to consider:
- Duration of the marriage
- Income and liabilities of each spouse
- Contributions to the marriage including homemaking
- Future earning capacity
- Tax consequences
- Waste or dissipation of marital assets
- Custodial needs
- Any other factors for fairness
Common Questions
New York: community property or equitable distribution?
Equitable distribution. Under N.Y. Dom. Rel. Law §236(B), the court divides marital property based on 8 statutory factors. The default starting point is 50/50, but judges can adjust.
What factors does a New York court weigh?
N.Y. Dom. Rel. Law §236(B) lists 8 factors. The first three: Duration of the marriage, Income and liabilities of each spouse, Contributions to the marriage including homemaking. The full list is above.
Does New York split retirement accounts in a divorce?
Yes. 401(k)s and pensions earned during the marriage are marital property. Dividing them usually requires a QDRO (Qualified Domestic Relations Order).
ClearSplit runs New York's equitable distribution rules on your actual assets and debts.
Try the CalculatorSource: N.Y. Dom. Rel. Law §236(B) AI draft · Full law library entry