Property Division Lawyer New York, NY
You are going through a divorce in New York and one of your biggest concerns is what will happen to your house, your retirement accounts, and the assets you built during your marriage. New York uses equitable distribution to divide marital property, which means a judge will decide a fair—but not necessarily equal—split of everything you own together. At Law Offices Of SRIS, P.C., Mr. Sris and his Of Counsel represent clients in property division matters throughout New York City, including Manhattan, Brooklyn, and Queens. We work to help you understand what is at stake, identify all marital assets, and pursue a favorable outcome. To request a consultation, call (888) 437-7747. Law Offices Of SRIS, P.C. — Advocacy Without Borders.
Your Options for Dividing Property in a New York Divorce
When a marriage ends, you and your spouse can reach an agreement on how to divide property yourselves—through direct negotiation, mediation, or a settlement agreement drafted with attorneys—or you can let the court decide. Many couples are able to avoid litigation by exchanging financial disclosure, talking through priorities, and putting a signed separation agreement in place. When the parties cannot agree, however, a Supreme Court judge will step in and apply New York’s equitable-distribution law. Mr. Sris and his Of Counsel help you evaluate which path makes sense given the assets involved, the complexity of your finances, and the level of cooperation between the parties.
What to Expect in a New York Equitable Distribution Proceeding
A contested property-division case follows a structured process. First, both sides must provide a full and honest statement of net worth, listing all assets, liabilities, income, and expenses. The court then classifies every asset as marital or separate. Marital property—generally anything acquired during the marriage that is not a gift or inheritance—is subject to distribution. Separate property remains with the owner. Once classification is complete, the court will determine a fair division, considering the statutory factors. Throughout this process, Mr. Sris and his Of Counsel work to present a clear picture of the marital estate and advocate for an equitable result based on the facts of your case.
How New York Courts Decide Property Division
Under New York Domestic Relations Law § 236, the court weighs a number of factors to determine what is fair. These include the income and property of each spouse at the time of the divorce, the duration of the marriage, the age and health of both parties, the need of a custodial parent to occupy the marital residence, the loss of inheritance and pension rights, and the contributions of each spouse to the acquisition of marital property—including contributions as a homemaker. The court also considers any award of spousal maintenance, the tax consequences of a proposed division, and whether either party has wasted marital assets. No single factor decides the outcome; the judge balances them all. With experience handling equitable-distribution matters in New York County (Manhattan) Supreme Court, Kings County Supreme Court, and Queens County Supreme Court, Mr. Sris and his Of Counsel understand how judges in these courts typically approach asset division and tailor their strategy accordingly.
About Mr. Sris and His Of Counsel Team
Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997 and is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. A former prosecutor, he brings years of courtroom experience to every family law matter he handles. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Mr. Sris and his Of Counsel bring over 120 years of combined legal experience and have achieved 4,739+ documented firm-wide results in property-division cases. Results may vary. Our New York location serves clients throughout the boroughs and surrounding counties by appointment. Call (888) 437-7747 to schedule a consultation.
Frequently Asked Questions
What is equitable distribution in New York?
Equitable distribution is the legal process a New York court uses to divide marital property fairly, not necessarily equally. Under New York Domestic Relations Law § 236, the judge considers a list of statutory factors to determine what is equitable in each case. The process includes classifying assets as separate or marital, valuing them, and then deciding how to divide the marital portion. Reaching a settlement agreement is often faster and less costly than litigating.
What counts as marital property in a New York divorce?
Marital property generally includes all assets acquired by either spouse during the marriage, regardless of whose name is on the title. This covers real estate, bank accounts, retirement funds, businesses, and even professional licenses, to the extent their value accumulated during the marriage. Gifts and inheritances received by one spouse during the marriage are usually treated as separate property and not divided. Complex cases often require a careful tracing of assets to determine what is marital versus separate.
Can my spouse and I decide for ourselves how to divide our property?
Yes, you and your spouse can reach a private agreement on property division, and the court will generally approve it if it is fair. A written separation agreement or stipulation of settlement allows you to control the outcome rather than leaving it to a judge. Mr. Sris and his Of Counsel can help you negotiate terms, review the agreement to ensure it protects your interests, and present it to the court as part of an uncontested divorce.
How is a business valued and divided in a New York divorce?
If a business was started or grew during the marriage, the increase in its value may be treated as marital property subject to division. Forensic accountants or business-valuation attorneys often examine financial records to determine the value of the marital portion. The court may award the spouse who operates the business the ownership and order a buyout, or divide the marital share in another equitable way. Having an attorney experienced in high-asset cases helps ensure all relevant evidence is presented.
What happens to retirement accounts and pensions in a New York divorce?
The portion of a retirement account or pension that accrued during the marriage is typically marital property and can be divided. New York courts can direct a division through a Qualified Domestic Relations Order (QDRO) for certain plans, or by awarding one spouse a share of the pension’s future payments. The approach depends on the type of plan and the specific facts. Proper valuation and drafting of the QDRO are critical to avoid tax penalties and ensure the intended division is carried out.
Does fault, like adultery, affect property division in New York?
In most cases, marital fault does not directly influence how property is divided in New York. New York allows no-fault divorce based on irretrievable breakdown of the marriage for at least six months. While egregious fault can, in rare circumstances, be considered as a factor, courts focus on the financial and family contributions of each spouse. An assertive strategy should center on building a strong factual record of the marital finances, not on trying to punish a spouse for misconduct.
What can I do if my spouse is hiding assets during the divorce?
You should bring any suspicion of hidden assets to your attorney immediately so they can investigate. New York courts require full financial disclosure, and a spouse who deliberately conceals assets can face serious consequences, including sanctions or a less favorable property division. Attorneys can use discovery tools—such as subpoenas for bank records, depositions, and forensic accounting—to uncover hidden accounts or undervalued property.
How long does the property division part of a divorce take in New York?
The time it takes to resolve property division varies widely depending on the complexity of the assets and whether the parties settle. An uncontested case with a full settlement agreement can be completed in a matter of months after filing. Contested litigation, especially when a business or multiple properties are involved, typically takes longer. The court’s calendar and the need for expert reports also affect the timeline. Mr. Sris and his Of Counsel work to move your case forward efficiently while protecting your rights.
Do I need a lawyer for property division in New York?
You are not legally required to have a lawyer, but the issues are often too complex to handle alone without risking an unfair result. Even a friendly divorce can involve hidden pitfalls—tax implications, misclassified assets, or poorly drafted settlement language that creates problems years later. Mr. Sris and his Of Counsel team can review your finances, explain what the law requires, and negotiate on your behalf. For a consultation, reach Law Offices Of SRIS, P.C. at (888) 437-7747.
How much does a property division lawyer cost in New York?
Legal fees for property division vary based on the level of conflict, the number and type of assets, and whether the case is settled or goes to trial. Many family law attorneys charge an initial retainer and bill hourly against it. Cases that resolve through negotiation or mediation tend to cost less than those requiring extensive discovery and court appearances. During your consultation, Mr. Sris and his Of Counsel can discuss the likely scope of work and fee arrangements that fit your situation.
Our New York Location: 50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202. By appointment. Call (888) 437-7747.
Related pages:
Divorce & Family Law Attorney in New York County (Manhattan), New York · Divorce & Family Law Attorney in Kings County (Brooklyn), New York · Divorce & Family Law Attorney in Queens County (Queens), New York · Family Law Attorney in New York
For a detailed statutory breakdown of New York’s equitable distribution law, see our comprehensive analysis on srislawyer.com.
Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.