The divorce process is often overwhelming for many couples. Property division is often one of the most personal and stressful parts of the experience. You might be worried about where you’ll live, what might happen to your retirement, or how you’ll settle debts. In New York, property division follows equitable distribution. This means that the property acquired during the marriage will be fairly divided. It’s important to recognize that fair is not necessarily the same as “equal.”
The way equitable distribution applies in your divorce depends on your situation. Reaching out to a trusted, compassionate Webster divorce lawyer can help you work through the process with clarity and confidence. Michelle Cimino has over 20 years of experience assisting with property division and equitable distribution in New York.
Understanding Property Division in New York
New York’s equitable distribution laws determine the division of property according to what is fair. This doesn’t always mean a simple 50/50 split, which is a common misconception about divorce. Instead, divorces in New York use a more robust financial picture to divide property.
Marital Property vs. Separate Property
The courts distinguish marital property from separate property. Generally, marital property refers to any property that was acquired during the time of marriage. This includes income earned, real estate bought, and bank accounts funded during the marriage.
Separate property includes property owned before marriage, inheritance, gifts from someone other than the spouse, and personal injury payouts, among others.
There are a few exceptions, though. For example, if separate property increases in value during the marriage because of how either spouse used marital funds or their own efforts, some or all of that appreciation may count as marital property. For instance, a house owned by one spouse before marriage is likely to be considered separate property. However, if either spouse used marital funds to pay the mortgage or to improve the home, part of the increase in the home’s value may count as marital property.
Are you feeling confused about the state’s equitable distribution laws? Michelle Cimino can help you better understand how the rules apply to your assets in a divorce.
Factors Considered in the Division of Property
The most obvious factor to consider in the division of property in a divorce is: what assets must be divided? Courts first determine what falls under marital property. Typically, in a divorce, this includes family homes or other real estate, bank accounts and cash, cars, and stocks acquired during the marriage. They also decide what debts to divide, including mortgages, credit cards, and business debts.
Courts also consider factors about the marriage itself. This includes the length of the marriage, the ages of each spouse, and how each spouse contributed to the acquisition of this marital property. In many contested divorce cases, each spouse must submit a comprehensive Statement of Net Worth. This is a financial disclosure document specifically for divorce cases.
This disclosure is quite important. If a spouse refuses to share all their financial details or lies on disclosure forms, they could face negative consequences. For instance, the court may order them to produce the records, award attorney’s fees to the other spouse, or impose fines. They may also make assumptions based on the available evidence, which is often not favorable to the non-disclosing spouse.
In addition to these rules, courts will review any prenuptial or postnuptial agreements to determine how the spouses agreed to classify, value, or divide certain assets and debts in advance.
If you’re concerned about how a divorce will affect your assets, the next step might be to enlist legal support. Michelle Cimino is a Webster divorce lawyer ready to provide clarity and answer all your divorce questions in a confidential consultation.
Reach Out to a Webster Divorce Lawyer
If you’re considering a divorce, property division is often quite stressful. However, understanding how New York’s equitable distribution laws can provide clarity on how you and your spouse will separate assets. The courts distinguish marital property from separate property and divide marital property in the divorce.
Michelle Cimino is a seasoned, top-rated family law attorney who was selected as a Super Lawyers‘ top-rated family law attorney for 2026. This demonstrates her commitment to the highest ethical and professional standards as your divorce attorney. Schedule a confidential consultation today.
