Asset Division in New York Divorce

Asset Division in Divorce

Is everything divided 50/50 when you get divorced in New York?

Not exactly.

Hi, I’m Katherine Miller. I’ve been a divorce attorney in New York City and New York State for over 30 years. Let’s break this down.

In New York, there are 16 equitable distribution factors that a court considers when deciding how to divide marital property. Notice the term is “equitable,” not “equal.” That distinction is key.

What is marital property?
Marital property is any property acquired during the marriage—from the day you said “I do” to the end of your economic partnership, which usually happens when one spouse files for divorce. This includes assets gained through either spouse’s efforts, like income or property bought during the marriage.

How is it divided?
In New York, marital property is divided equitably, which doesn’t always mean equally. There are countless cases that emphasize: equitable is not the same as equal. However, if you’ve been married for more than 10 years, the court often splits most marital assets 50/50.

But there are exceptions:

  1. Businesses
    If one or both of you own a business, the value of that business is rarely divided 50/50. The only real exception is a “mom-and-pop” business—like a candy store or barbershop—where both spouses actively work together.
  2. Post-marital effort
    If an asset requires work after the marriage to monetize it—such as stock options or restricted stock units—it won’t be divided 50/50.

Thanks for listening!