New York Property Division System

New York uses equitable distribution meaning marital property is divided fairly but not necessarily equally. Courts consider multiple factors to determine fair division often resulting in 60-40 or other unequal splits.

Marital vs Separate Property

Marital Property Includes: Assets and debts acquired during marriage from date of marriage to date of divorce decree. Real estate purchased during marriage, retirement contributions during marriage, investment and bank accounts, vehicles, business interests, personal property, income earned during marriage, debts incurred during marriage.

Separate Property Includes: Property owned before marriage, inherited by one spouse, gifts to one spouse individually, personal injury settlements pain and suffering portion, property acquired after separation, property in valid prenuptial agreement. Separate property not divided.

Assets Subject to Division

Real Estate

Primary home valued at market value minus mortgage. Options: sell and split proceeds, one spouse keeps and buys out other through refinance, deferred sale until children graduate, continued co-ownership rare. Vacation homes rental properties investment land also divided.

Retirement Accounts

401k and pensions require QDRO to divide without taxes. IRAs transfer without QDRO through direct transfer. Portion earned during marriage is marital property. Professional valuation needed for pensions.

Bank and Investment Accounts

Checking savings brokerage accounts stocks bonds mutual funds cryptocurrency. Even if in one name, deposits during marriage are marital. Must trace separate deposits to exclude.

Vehicles and Personal Property

Cars trucks boats RVs motorcycles valued at fair market value minus loans. Furniture appliances electronics jewelry collectibles. Often divided by agreement.

Business Interests

Business ownership requires professional valuation 5000-15000 dollars. Options: one keeps and buys out other, sell to third party, continue co-ownership rare.

Debt Division

All debts incurred during marriage subject to division. Mortgages credit cards auto loans student loans medical debt. Both spouses liable to creditors even after divorce until refinanced.

New York Specific Rules

Equitable Distribution Factors: Courts consider: length of marriage, each spouse financial situation, contributions to marriage including homemaking, age and health, standard of living, earning capacity, custody arrangements, tax consequences, dissipation of assets, economic circumstances.

Date of Valuation: May be separation trial or final decree date. Affects appreciation or depreciation between dates.

Burden of Proof: Spouse claiming property is separate must prove with documentation. Keep clear records of separate property sources.

Special Considerations

Marital Home

Sell and split proceeds, one spouse keeps with buyout, deferred sale until trigger event, or continued co-ownership. Most common is one keeps or sell. Requires refinance to remove spouse from mortgage.

Retirement Division

QDRO required for 401k pensions. Coverture fraction calculates marital portion based on years married divided by total career years. Present value or deferred distribution approaches available.

Business Valuation

Three approaches: asset-based income approach market approach. Enterprise goodwill is marital. Personal goodwill treatment varies. Avoid double-dipping if income used for support calculations.

Tax Implications

Property transfers incident to divorce not taxable. Receiving spouse takes over cost basis. Primary residence sale may qualify for capital gains exclusion up to 250000 per person. Retirement transfers tax-free if done correctly.

Using Asset and Debt Splitter

Calculator helps divide property fairly. List all assets with values, list all debts with balances, classify separate property, calculate net marital estate, allocate to each spouse, calculator tracks totals and shows if division is equitable, generates summary for settlement.

Common Mistakes

Not disclosing all assets, ignoring tax consequences, emotional attachment to low-value items, forgetting debt liability continues, not getting professional appraisals. Avoid these to achieve fair division.

When You Need Help

Complex assets like businesses stock options international property, hidden assets suspected, high conflict situations, unique property issues. Hire attorney forensic accountant or business valuator as needed.

Cost Information

DIY if agree: 500-3000 dollars including appraisals and filing. Mediation: 1500-7000 dollars total. Attorney consultation: 1000-3000 dollars. Full representation contested: 8000-25000 plus per spouse. Divorce.com uncontested: 499-1999 dollars saves thousands.