In New York, property is divided equitably when a couple divorces. This can result in an equal property division, but it doesn't always. An equitable property division is one that is fair, considering what each spouse contributed to the marriage and what each spouse will need to move forward.
This article answers some common questions about New York's equitable distribution system. For more information, see the article New York Divorce: Dividing Property. For all of our articles on divorce in New York, see our New York Family and Divorce Law page.
Equitable distribution is a method for dividing a married couple's property when they divorce. Prior to the adoption of equitable distribution in New York, New York was a "common law property" state. Under that system, the property owned by either spouse was distributed at divorce according to the manner in which title was held. If only one spouse's name appeared on the title, that spouse received the property.
New York is now an equitable distribution state. When a couple divorces, the court must divide their marital property equitably, or fairly. This doesn't necessarily require an equal split of the couple's assets. Instead, the judge will strive for a fair outcome, considering:
Only marital property is divided by the court. Each spouse gets to keep his or her own separate property.
Marital property includes all property acquired by either or both parties during the marriage, regardless of the form in which title is held, subject to the exceptions below. Each spouse's income during marriage, the property purchased with that income, the property they purchased while married (such as a house or car), the retirement benefits each spouse earned during marriage, and the appreciation of all this property while the couple was married, is all considered marital property.
Separate property is not divided when a couple divorces. Instead, each spouse gets to keep his or her own separate property, except to the extent that the other spouse has contributed to its increase in value. Separate property includes:
Yes. Businesses, professional practices, and enhanced earning capacity attributable to the attainment of a career, or professional license, educational degree, profession or license is considered "property" subject to equitable distribution. However, as noted above, interests in a business or career may be difficult to divide, or it may be undesirable to do so. In this situation, the court will typically award the actual business or practice to the spouse who is running it, awarding the other spouse property to make up the difference.