Practice Areas

Property Distribution and Valuations

Overview

Once a court establishes the marital estate, it must value and divide marital property. New York courts apply an “equitable” standard, meaning fair distribution considering circumstances, though not necessarily a 50/50 split.

Key principle: “In New York, property is not automatically divided in half and distributed equally to each spouse.”

The 15 Statutory Factors

Courts consider these factors when determining equitable distribution:

  1. Income and property of each spouse at marriage and divorce
  2. Length of marriage, age, and health of both parties
  3. Custodial needs regarding marital residence and household contents
  4. Loss of inheritance and pension rights
  5. Loss of health insurance benefits
  6. Spousal support or maintenance awards
  7. Contributions to marital property without title (such as enabling earning potential)
  8. Liquid versus non-liquid character of assets
  9. Probable future financial circumstances
  10. Difficulty valuing certain assets like business interests
  11. Tax consequences to each party
  12. Wasteful use of marital property during divorce proceedings
  13. Dispositions of property below market value in anticipation of divorce
  14. Acts of domestic violence
  15. Best interest of the animal in pet possession cases

Courts may also consider “any other factor” deemed fair. When property cannot be divided physically, courts may issue “distributive awards”—monetary payments compensating for undividable property.

Valuing Complex Assets

The firm addresses complex valuations including businesses, retirement accounts, stock portfolios, real property, art, family businesses, professional practices, and other specialized assets.