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Distribution Type
Equitable Distribution
Default Split
50 / 50
Income Adjustment
Equitable

Methodology

Equitable distribution

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

The following factors are commonly evaluated under New York law:

  1. Duration of the marriage
  2. Income and liabilities of each spouse
  3. Contributions to the marriage including homemaking
  4. Future earning capacity
  5. Tax consequences
  6. Waste or dissipation of marital assets
  7. Custodial needs
  8. Any other factors for fairness

Statute Reference

Citation: N.Y. Dom. Rel. Law §236(B)

Source: https://www.nysenate.gov/legislation/laws/DOM

Source & verification AI draft
Citation
N.Y. Dom. Rel. Law §236(B)
Source URL
https://www.nysenate.gov/legislation/laws/DOM
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Reference Library

New York Property Division

New York Domestic Relations Law §236(B) provides a comprehensive equitable distribution framework. Courts consider the income and property of each party at the time of marriage and divorce, duration of the marriage, age and health of parties, loss of inheritance and pension rights, maintenance awards, contributions as spouse and homemaker, career sacrifice, liquid vs. non-liquid assets, tax consequences, and any other relevant factor. Marital fault is generally not considered.

Citation: N.Y. Dom. Rel. Law §236(B)

Source: https://www.nysenate.gov/legislation/laws/DOM

Last updated: 2026-05-19T01:39:53.884299