Written by Yonatan Levoritz on June 23, 2025
How is property divided in divorce proceedings in New York? For many couples navigating the end of a marriage, this question looms large, and for good reason. The process often involves untangling a complicated web of financial ties, shared assets, and emotional history. Dividing property can be one of the most personal and financially sensitive parts of the process, especially when it includes everything from real estate and retirement accounts to valuable personal possessions.
The added complexity of living in New York City, where property values fluctuate and assets often involve high-dollar investments or business interests, makes having reliable guidance all the more critical. At The Levoritz Law Firm, we walk our clients through these legal waters with clarity, care, and a firm grasp of how New York law applies to real-life situations, ensuring their interests and future remain protected every step.
Property division in New York doesn’t mean cutting things in half. Instead, we use what’s known as the equitable distribution model. That means the court aims to divide things fairly, based on the case’s specific facts, rather than simply splitting them evenly.
In a divorce, property is typically divided either through an equitable distribution system, which means a fair division, or through a community property system, where marital assets are split equally. Most states use equitable distribution, considering various factors to determine a fair division. Community property states, like California, generally divide marital assets equally.
New York law outlines several things the court must consider when dividing property:
The court’s goal isn’t to favor one party over the other. Instead, it looks at the whole picture and strives to reach a division that reflects fairness.
Divorces often involve everything from personal belongings to investment accounts and real estate. The law draws a line between property that is shared and property that belongs solely to one spouse.
According to the New York City Bar Association, marital property includes anything acquired during the marriage, while separate property includes things a spouse owned before marriage or received individually.
Marital property includes:
Separate property may include:
When these get mixed, say a premarital home is renovated using shared funds—it can complicate things.
In New York City, real estate is often a focal point. Whether it’s a Manhattan apartment or a co-op in Brooklyn, the value, mortgage, and who lives there post-divorce all factor in.
Pensions, 401(k)s, IRAs, and other retirement accounts are also key. If they were earned while married, the court can divide them. Other assets that come into play include:
Each divorce is different, and when courts decide how property is divided in divorce, they consider several key factors:
These factors can influence how much each person receives and whether some assets are divided differently.
Debt incurred during the marriage is generally considered joint debt.
That means both spouses may share responsibility for:
Debt acquired before marriage or for one person’s exclusive benefit is often kept separate. The court will also consider who benefited most from the debt and who is in the best position to repay it.
Planning and documentation go a long way in keeping your finances intact:
Good records make it easier to distinguish between what’s yours and what’s shared. If you’re entering a marriage with significant assets, having an explicit agreement beforehand can help prevent confusion and legal disputes.
According to the New York State Unified Court System, mediation allows couples to work through property issues with the help of a neutral third party.
Mediation can:
It’s a strong alternative to litigation when both sides are open to working together.
When spouses can’t agree, the court will divide the property.
At that point, a judge will examine financial records, hear testimony, and evaluate each spouse’s request. The court’s decision becomes binding, and the process can be more expensive and time-consuming than a negotiated outcome. Many families work toward resolution outside the courtroom when they can.
Dividing property during a divorce is never easy, but you don’t have to face it alone. At The Levoritz Law Firm, we help clients protect their future, financial stability, and the assets they’ve worked hard to build.
Call us today at (718) 942-4004 to discuss your situation and learn how we can help you navigate the property division process in New York.
Meet Yonatan Levoritz, the founder of Levoritz Law Firm, recognized for his exceptional skill in family law, his compassionate manner, and his commitment to achieving favorable outcomes for his clients. Yonatan Levoritz has a long record of winning challenging and complex cases.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Yonatan Levoritz who has more than 20 years of legal experience as a divorce & family attorney.
The information you obtain from this website is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.
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