Equitable Distribution New York Attorney

Reviewed by Mr. Sris, Owner and Founder Law Offices Of SRIS, P.C. – Advocacy Without Borders.

Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York

Practicing since 1997

Last reviewed: July 2026

Equitable distribution is the legal framework that governs how marital property is divided when a marriage ends in New York. Under New York Domestic Relations Law § 236, the court must distribute marital assets equitably—a standard that does not require a 50‑50 split but instead a fair division based on the circumstances of the marriage. The New York County Supreme Court, located at 60 Centre Street in Manhattan, has jurisdiction over divorce and equitable distribution matters for residents of New York County. Law Offices Of SRIS, P.C. represents clients in equitable distribution proceedings throughout Manhattan, working to identify, value, and divide marital property in a manner that reflects the statutory factors. Mr. Sris and the firm’s Of Counsel attorneys bring extensive experience in family law matters, including cases involving complex assets, business interests, and retirement accounts. To request a consultation about your equitable distribution matter, call (888) 437‑7747.

Table of Contents

What Equitable Distribution Means in New York County (Manhattan)

New York is an equitable distribution state, not a community property state. That means the court does not automatically divide marital property equally. Instead, the judge considers a list of statutory factors set out in Domestic Relations Law § 236 to determine what division is fair. Marital property generally includes assets acquired during the marriage, regardless of whose name is on the title, while separate property—assets owned before the marriage or received as a gift or inheritance—is not subject to division. The distinction between marital and separate property can become contested, particularly when separate assets have been commingled with marital funds or have appreciated in value during the marriage.

In New York County, equitable distribution cases are heard in the Supreme Court, which is the trial-level court for divorce actions. The court has the authority to order the distribution of real estate, bank accounts, investment portfolios, business interests, professional practices, pensions, and other assets. The process often involves formal discovery, including the exchange of financial documents and, in some matters, the engagement of forensic accountants or business valuation professionals. Because the court has broad discretion, the outcome of an equitable distribution case depends heavily on the specific facts of the marriage and the quality of the evidence presented. Mr. Sris and the firm’s Of Counsel attorneys appear regularly in the New York County Supreme Court and are familiar with the local procedures and judicial expectations that shape equitable distribution litigation in Manhattan.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Equitable Distribution Cases

When the firm takes on an equitable distribution matter, it begins by working with the client to identify all assets and liabilities that may be subject to division. This includes reviewing financial statements, tax returns, business records, and real estate documents. The goal is to build a complete picture of the marital estate so that the client can make informed decisions about settlement or litigation. The firm’s attorneys then analyze the statutory factors—such as the duration of the marriage, the income and property of each spouse, the contributions of each spouse as a homemaker, and the tax consequences of a proposed division—to develop a strategy tailored to the client’s circumstances.

Many equitable distribution cases are resolved through negotiation or mediation, which can reduce the time and expense of litigation. The firm’s attorneys are prepared to engage in settlement discussions and to draft a comprehensive separation agreement that addresses property division, spousal maintenance, and other financial issues. When a negotiated resolution is not possible, the firm litigates the matter in the New York County Supreme Court, presenting evidence and argument to support the client’s position. Throughout the process, the firm works to protect the client’s financial interests and to achieve a division that is fair under the law. Results may vary.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced law since 1997. A former prosecutor, he brings a background in accounting and information systems to complex financial and technology-related cases. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and he concentrates his practice on family law, criminal defense, and immigration matters. Mr. Sris maintains a hands‑on approach to each matter, working collaboratively with the firm’s Of Counsel attorneys to develop case strategy.

The firm’s Of Counsel attorneys are experienced practitioners who contract directly with Law Offices Of SRIS, P.C. they bring additional depth in family law, including equitable distribution, child custody, and spousal support. Together, Mr. Sris and the firm’s Of Counsel attorneys provide clients with a multi‑state perspective and a thorough understanding of New York’s equitable distribution framework. The firm’s New York location serves clients throughout Manhattan and the surrounding boroughs. To discuss your equitable distribution matter, call (888) 437‑7747.

Frequently Asked Questions

What is equitable distribution in New York?

Equitable distribution is the process by which a New York court divides marital property in a divorce based on fairness, not necessarily a 50‑50 split. Under Domestic Relations Law § 236, the judge considers factors such as the length of the marriage, each spouse’s income and property, the contributions of each spouse as a homemaker, and the tax consequences of the division. Marital property includes assets acquired during the marriage, while separate property is generally not divided. The court has broad discretion, and the outcome depends on the specific facts of the case. For guidance on your situation, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.

How does equitable distribution differ from community property?

In a community property state, marital assets are divided equally, while New York’s equitable distribution standard aims for a fair division that may not be equal. New York is not a community property state. The court weighs multiple statutory factors to determine what is equitable. This means a spouse who made greater financial contributions or who has greater future earning capacity may receive a different share. The distinction is important because it affects settlement negotiations and trial strategy. To discuss how equitable distribution applies to your assets, contact Law Offices Of SRIS, P.C. at (888) 437‑7747.

What factors does the court consider in equitable distribution?

The court considers the factors listed in Domestic Relations Law § 236, including the duration of the marriage, each spouse’s income and property, the contributions of each spouse as a homemaker, the loss of inheritance and pension rights, and the tax consequences of the division. The court may also consider the wasteful dissipation of assets by either spouse, the need of a custodial parent to occupy the marital residence, and any other factor the court finds relevant. Because the list is not exhaustive, the presentation of evidence is critical. For a consultation about your equitable distribution matter, reach Mr. Sris and the firm’s Of Counsel attorneys at (888) 437‑7747.

Can we agree on property division without going to court?

Yes, spouses can negotiate a separation agreement that divides marital property without court intervention, and the agreement can be incorporated into the divorce judgment. Many equitable distribution cases are resolved through negotiation or mediation. A valid separation agreement must be in writing, signed by both parties, and acknowledged. The court will generally enforce the agreement as long as it is fair and not the product of fraud or duress. The firm’s attorneys can help draft or review a separation agreement to ensure it protects your interests. To discuss your options, call (888) 437‑7747.

What if my spouse is hiding assets?

If you suspect your spouse is hiding assets, the firm can use formal discovery tools—such as document requests, depositions, and subpoenas—to uncover concealed property. Hidden assets may include undisclosed bank accounts, underreported business income, or transfers to third parties. The court can consider a spouse’s failure to disclose assets when making an equitable distribution award and may impose sanctions. Early investigation is important. For guidance on addressing hidden assets in your divorce, reach Law Offices Of SRIS, P.C. at (888) 437‑7747.

Do I need a lawyer for equitable distribution in New York?

While you are not required to have a lawyer, equitable distribution involves complex financial and legal issues, and an experienced attorney can help protect your rights. The division of marital property can affect your financial future for years. An attorney can identify all assets subject to division, value complex assets such as businesses or professional practices, and present evidence to support a fair distribution. The firm’s attorneys are familiar with the New York County Supreme Court and the equitable distribution factors under DRL § 236. To request a consultation, call (888) 437‑7747.

New York Primary Sources:
New York Domestic Relations Law § 236 – Equitable Distribution |
New York County Supreme Court |
New York State Unified Court System

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.