New York Equitable Distribution Is Not Equal Division
New York keeps separate property separate and distributes marital property equitably, considering the circumstances of the case and the parties, with no fixed percentage, and must explain its reasons in writing.
Equitable, not community property
The IRS describes the nine community property states in Publication 555: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. New York is not one of them. In an action for divorce, the court determines the parties’ rights in their separate and marital property and provides for its disposition in the judgment: “Separate property shall remain such,” and “marital property shall be distributed equitably between the parties, considering the circumstances of the case and of the respective parties” (DRL 236(B)(5)(a) to (c)).
No equal-division presumption
Unlike New Hampshire or Nevada, the statute does not presume an equal split. Courts often divide the marital property of a long marriage close to equally, but the result turns on the sixteen factors.
Reasons
In any decision, the court shall set forth the factors it considered and the reasons for its decision, and this may not be waived by either party or counsel (paragraph g).
The marital home
The court may order the use and occupancy of the marital home and its household effects without regard to the form of ownership (paragraph f), and considers the custodial parent’s need to occupy or own it.
Valuation
The court sets the valuation date or dates for each asset, from the start of the action to the date of trial.
Documents to gather
Deeds, titles, account and retirement statements, loan balances, tax returns and business records.
Test a split
The New York property division calculator starts at an equal share and shows the payment each division implies.
Frequently asked questions
Is New York an equitable distribution state?
Yes. Marital property is distributed equitably on the statutory factors.
Can a New York court divide property unequally?
Yes. The statute sets no percentage and requires reasons.
Does title decide ownership in a New York divorce?
No. What matters is whether property is marital or separate.
Which court divides property in New York?
The Supreme Court, in the divorce action, under DRL 236(B).
Can a New York court award possession of the marital home?
Yes, it may order use and occupancy of the marital home regardless of ownership.
Official sources
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited New York statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed New York attorney.