In New York divorce, a spouse's entitlement to Maintenance (alimony) and the Equitable Distribution of marital property are contained in the statutory factors enumerated in the New York Domestic Relations Law Section 236(B).

Marital Property

The most significant term used in the new law and probably the issue most often litigated, since the parties often do not agree on either what property constitutes marital property or the value of marital property. Marital property is all property acquired by either or both spouses during the marriage and before the execution of a separation agreement or the commencement of a matrimonial action, regardless of the form in which title is held.

It is marital property that will be equitably distributed upon the dissolution of the marriage. Marital property does not include separate property (as hereinafter defined). Separate property will not be distributed but will remain as the property of the one who holds title.

By way of illustration, if a spouse buys a house during the marriage using marital funds and title to the house is placed in that spouse's name only, the property will be considered marital property subject to equitable distribution. If the house were purchased with separate funds (funds acquired before the marriage or inherited funds, for example), the house would be considered separate property since it would be an exchange of one form of separate property for another.

Bank accounts, IRAs, stocks and bonds, household furniture, automobiles, and all other property acquired during the marriage with marital funds are considered marital property, subject to equitable distribution.

The elements of the New York statute are listed here for general information only and to indicate the complexity of factors that the court must consider in rendering its decision. Every case is different and a judge will weigh some factors in a particular case more than others depending on the facts of the case.

Note: Child Custody and Support is not considered part of the equitable distribution. Please see our Family Law section for information on that subject.

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