Does Equitable Distribution Mean Equal Distribution of Marital Property?

For a couple considering a divorce in New York, one of the biggest concerns is how the marital estate will be divided. New York is not a community property state. Instead, New York uses equitable distribution to divide the marital property or marital estate. Instead of a doing a 50/50 split in every divorce, New York looks at the facts of each case when divide marital property with the goal of fairly dividing and distributing the estate.

When dividing the marital property, there are several factors that the Courts will look at. The Courts will take into consideration the length of the marriage, the income/wages of each spouse, the property of each spouse, the age of each spouse, and the health of each spouse. The Courts will also consider each spouse’s contributions to the marriage - - both financial and non-financial - - the economic circumstance of the parties after divorce and a spouse’s financial needs.

Courts will also consider a spouse’s separate property contributions, provided a party can prove their separate property claims. As separate property is not considered part of the marital estate, it is not subject to equitable distribution, unless said separate property has been commingled and transmuted into marital property. Examples of separate property would include inheritance, gifts from a third party, property owned before marriage, and personal injury awards.