Equitable Distribution Lawyer New York, NY
You’ve spent years building a life with your spouse—buying a home, saving for retirement, perhaps starting a business. Now you’re facing divorce, and the biggest question on your mind is what will happen to everything you’ve worked for. New York follows equitable distribution rules, which means the court aims for a fair division of marital property, not necessarily an equal 50‑50 split. Understanding how this works and having an experienced lawyer on your side can make a critical difference. We represent clients throughout New York City and across the state. Call Law Offices Of SRIS, P.C. at (888) 437‑7747 to discuss your situation.
How We Approach Your Equitable Distribution Case
Every marriage and every financial picture is different. Our approach begins by listening to your goals—whether you want to keep the family home, protect a business you built, or secure your retirement accounts. We then identify all marital property, gather financial documents, and work with forensic professionals to value complex assets when necessary. Mr. Sris and his Of Counsel explore all options for resolving property division, including negotiation, mediation, and collaborative settlement. If those efforts do not produce a fair result, we are prepared to present a compelling case before a judge.
What to Expect During the Equitable Distribution Process
The equitable distribution process moves through financial disclosure, asset identification, valuation, and negotiation. Both spouses are required to exchange statements of net worth, tax returns, and other financial records. Our team helps you organize that information and identify any hidden or undervalued property. In many cases, the parties reach a settlement agreement that the court approves. If no agreement is reached, a trial will be held, and the judge will apply the statutory factors to determine a fair division. Throughout the process, we focus on protecting your financial interests.
How New York Courts Divide Marital Property
New York Domestic Relations Law § 236 governs equitable distribution. Judges classify property as marital (acquired during the marriage, regardless of whose name is on the title) or separate (owned before the marriage, or received as an inheritance or gift). The court then determines an equitable division by weighing factors such as each spouse’s income and property, the duration of the marriage, the age and health of the spouses, contributions as a homemaker, tax consequences, and any other relevant circumstances. Marital fault generally does not affect property division, but egregious economic misconduct can be considered. Because the court has broad discretion, thorough preparation and strategic advocacy are essential.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is a former prosecutor with extensive courtroom experience that informs his approach to complex divorce and asset‑division matters. Together with his Of Counsel team—experienced attorneys engaged through Excella—he brings over 120 years of combined legal experience to family law representation. Results may vary. Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. The firm has documented 4,739+ case results, including family law matters.
Frequently Asked Questions
What is equitable distribution in New York?
Equitable distribution is the legal process a New York divorce court uses to divide marital assets and debts in a way that is fair, though not necessarily equal. Under New York Domestic Relations Law § 236, the judge considers a list of factors—including the length of the marriage, each spouse’s income, contributions as a homemaker, and future financial circumstances—to reach a division it deems equitable. The goal is to achieve a just result based on the unique facts of the marriage.
Is New York a 50/50 state?
No, New York is not a 50/50 or community property state; it is an equitable distribution state. This means a judge can divide marital property in proportions that are not equal, as long as the overall distribution is fair after considering the statutory factors. In some cases, that may result in a split closer to 50/50, but it is never past results do not guarantee a similar outcome.
How does a court decide what is marital property?
Marital property generally includes assets acquired during the marriage, regardless of which spouse’s name appears on the title. The court separates these from separate property—items owned before the marriage, or received during the marriage as an inheritance or a gift. Courts examine the source of funds, the timing of acquisition, and any commingling of separate and marital assets. When disputes arise over classification, documentation and credible evidence are critical.
Can we agree on property division ourselves?
Yes, spouses can negotiate and sign a settlement agreement that divides their property, which the court will typically approve as long as it is fair and made without duress. Many equitable distribution cases are resolved through negotiation or mediation without a trial. Working with an experienced attorney helps ensure the agreement fully addresses all assets, debts, and tax consequences so that it will hold up in court.
Do I need a lawyer for equitable distribution?
While you are not required to have a lawyer, having one is strongly recommended to protect your financial future. Equitable distribution often involves complex valuation, hidden assets, or spousal support issues that are difficult to handle alone. An experienced attorney can help you uncover all marital property, negotiate a fair settlement, and, if necessary, present your case at trial. To discuss your circumstances, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.
For a comprehensive guide to New York divorce and equitable distribution law, visit our main site.
Speak with an Equitable Distribution Lawyer
To schedule a consultation, call Law Offices Of SRIS, P.C. at (888) 437‑7747. Appointments are available by video or in‑person at our New York location.
New York Location
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
By appointment. Call (888) 437‑7747.
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Case results depend on a variety of factors unique to each case.
Results may vary.