Equitable Distribution

In New York, equitable distribution is the legal process used to divide marital property during a divorce. Unlike community property states where everything is split 50/50, equitable distribution means a fair—but not necessarily equal—division. The court first determines which assets are marital property and which are separate. Marital property includes assets acquired during the marriage, while separate property includes things like inheritances or gifts given to one spouse.

Once property is categorized, the court considers several factors to determine a fair division. These factors include the length of the marriage, each spouse’s income and contributions, and the needs of any children. Debts are also divided fairly, not just assets. Ultimately, the goal is to ensure both spouses leave the marriage on as balanced financial footing as possible.