New York Property Distribution Laws

New York Property Distribution Issues & Resources


New York Property Distribution



In a New York divorce action, each party will be entitled to retain any of their separate property. Separate property includes property acquired before a marriage, any gifts or inheritances and any increase in value or property acquired in exchange for separate property. All items of marital property will be equitably divided between the spouses in a New York divorce action, based on the following factors: 
  • the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker; 

  • the value of each spouse's property at the time of the marriage and at the time of filing for divorce; 

  • the probable future economic circumstances of each spouse; 

  • the length of the marriage; 

  • the age and health of the spouses; 

  • the amount and sources of income of the spouses;

  • the present and potential earning capability of each spouse; 

  • the potential loss of inheritance or pension rights upon dissolution of the marriage; 

  • whether the property award is instead of or in addition to maintenance; 

  • custodial provisions for the children and the need for a custodial parent to occupy the marital home; 

  • the type of marital property in question (whether it is liquid or non-liquid);

  • the impossibility or difficulty of evaluating an interest in an asset such as a business, profession, or corporation and the desirability of keeping such an asset intact and free from interference by the other spouse; 

  • the tax consequences to each party; 

  • the wasteful dissipation of assets;

  • any transfer of property made in anticipation of divorce; 

  • any equitable claim that a spouse has in marital property, including joint efforts and expenditures, and contribution and services as a spouse, parent, wage earner, and homemaker, and to the career and career potential of the other spouse; and

  • any other factor necessary to do equity and justice between the spouses.

 The Court may also consider marital fault in dividing martial property.

New York Law Links

Click Here for New York Message Board