Quick answer: New York is an equitable distribution state, not a community property state. Under DRL § 236(B)(5), separate property remains separate and marital property is distributed equitably between the parties, considering the circumstances of the case and of the parties. The court weighs sixteen factors: the income and property of each party at the marriage and at the start of the action; the duration of the marriage and the age and health of both parties; the custodial parent’s need to occupy the marital residence; the loss of inheritance and pension rights and of health insurance; any maintenance award; each party’s direct and indirect contributions, including as spouse, parent, wage earner and homemaker, and to the other’s career; the liquid or non-liquid character of the property; each party’s probable future financial circumstances; the difficulty of valuing a business and the desirability of keeping it intact; tax consequences; wasteful dissipation of assets; transfers made in contemplation of the action; domestic violence; the best interest of a companion animal; and any other just and proper factor. A spouse’s enhanced earning capacity from a license, degree or career enhancement is not marital property, but the contributions to it are considered. The court may make a distributive award instead of dividing an asset, and must set out its reasons, which cannot be waived.
What the New York statute says
- Marital and separate property. Separate property stays with its owner; marital property is divided equitably.
- No fixed percentage. The statute does not presume an equal division.
- Reasons required. The court must set out the factors and reasons in its decision.
How the calculator works
You enter the marital property and debts each spouse holds and each spouse’s separate property, which is left out of the division. The calculator adds up the marital estate, starts at an equal share and shows the payment between the spouses; you can move the slider to test another division. The reasoning is in why distribution is equitable, not equal, marital and separate property and the sixteen factors and distributive awards.
Property and maintenance
Maintenance is a factor in the distribution, and the distribution is a factor in maintenance. See the New York alimony calculator.
Property division across New York
The statute applies in every New York Supreme Court, from New York City, Buffalo, Rochester, Yonkers, Syracuse or Albany. The IRS lists nine community property states, and New York is not among them.
Frequently asked questions
Is New York a community property state?
No. New York distributes marital property equitably under DRL 236(B)(5). The IRS lists nine community property states, and New York is not among them.
Does New York split property 50/50 in a divorce?
Not by rule. The statute requires an equitable distribution on sixteen factors, which may be equal or unequal.
Is an inheritance divided in a New York divorce?
No. Separate property, which includes property acquired by inheritance or gift, remains separate.
Is a professional license divided in New York?
No. Enhanced earning capacity from a license, degree or career is not marital property, but contributions to it are considered.
Must a New York court explain its property division?
Yes. It must set out the factors it considered and the reasons, and this cannot be waived.