New York Equitable Distribution — DRL §236(B)
New York divides marital property under the equitable distribution doctrine — property is divided fairly but not necessarily equally. The statute lists 14 factors courts must consider. Judges have significant discretion, and the quality of your financial documentation directly affects outcomes.
New York's equitable distribution law distinguishes sharply between marital property (acquired during the marriage) and separate property (brought in before, or received as inheritance/gift). Unlike community property states, there is no presumption of equal division — the court weighs the 14 factors and arrives at what it determines is fair.
Important: Enhanced Earning Capacity
New York recognizes a spouse's enhanced earning capacity — including professional licenses, degrees, and celebrity goodwill — as a form of marital property subject to distribution. This is unique compared to most states and can significantly affect high-income divorces where one spouse supported the other through graduate or professional school.
Key Factors Under DRL §236(B)(5)(d)
Statement of Net Worth
The Statement of Net Worth (UD-8) is the most important financial document in a New York divorce. It is mandatory in all contested cases and is required to be filed in most uncontested cases as well. This sworn statement lists all assets, liabilities, income, and expenses in exhaustive detail.
The Statement of Net Worth is filed with the court and served on the opposing party. It is signed under oath. Errors or omissions — even unintentional — can seriously damage your credibility. DivorcePro walks you through every section and helps you organize supporting documentation before your attorney prepares the final submission.
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UD-8
Statement of Net Worth Mandatory sworn financial disclosure — income, assets, debts, and monthly expenses. Typically 10–15 pages.
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UD-1
Summons with Notice Initiates the action. Served on the defendant along with the complaint.
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UD-2
Verified Complaint Alleges the grounds for divorce and requests specific relief (custody, support, distribution)
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UD-6
Affidavit of Service Proof that the summons and complaint were properly served on the defendant
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UD-9
Findings of Fact and Conclusions of Law Submitted to the judge for the final judgment — must track the allegations in the complaint
Spousal Maintenance in New York
New York enacted maintenance guidelines in 2016 that created a formula-based approach for both temporary (pendente lite) and post-divorce maintenance. The formula uses the parties' incomes, capped at a statutory income cap ($228,000 as of 2024, adjusted periodically), to calculate guideline maintenance amounts.
Courts can deviate from the guidelines based on 15 statutory factors. Duration of maintenance is based on the length of the marriage, with longer marriages receiving longer maintenance terms. There is no permanent maintenance in New York except in exceptional circumstances.
New York City Considerations
New York City divorces proceed in Supreme Court (the trial court in NY, not the highest court). NYC cases often take longer due to court congestion. The cost of living standard applied to maintenance in NYC cases can be substantially higher than upstate. If your case is in the five boroughs, working with an attorney who regularly practices in NYC Supreme Court is especially important.
New York Residency Requirements
New York has multiple alternative residency pathways under DRL §230:
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2 years
Either party has lived in NY for 2 years before filing The most common pathway — no connection between the marriage and New York required
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1 year
Either party has lived in NY for 1 year + connection to NY The marriage occurred in NY, or the parties lived in NY as a couple, or the grounds for divorce arose in NY
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No limit
Both parties are NY residents at time of filing And grounds for divorce arose in New York — no minimum residency period required