How Is Marital Property Divided in a Complex Divorce in Suffolk County?
- Catherine Dominici
- Jan 3
- 2 min read
Updated: Jan 17
Understanding Equitable Distribution in New York
New York follows the principle of equitable distribution, meaning marital property is divided fairly, though not necessarily equally. The court considers various factors to determine what is fair based on the circumstances of each case.
What Constitutes Marital Property?
Marital property includes assets acquired during the marriage, regardless of whose name is on the title. This includes real estate, retirement accounts, businesses started during marriage, income, and debts incurred during marriage.
Separate Property vs Marital Property
Separate property includes assets owned before marriage, inheritances received individually, gifts from third parties, and personal injury awards (except loss of earnings). These typically remain with the original owner, though appreciation may be subject to division.
Factors Courts Consider in Division
Length of the marriage
Income and property of each spouse
Age and health of each spouse
Need for custodial parent to occupy marital residence
Loss of inheritance or pension rights
Contributions to the marriage (financial and non-financial)
Valuation of Complex Assets
Businesses, professional practices, and retirement accounts require expert valuation. Courts may order appraisals to determine fair market value before division.
FAQ
Q: Is the marital home always sold? A: No. Courts may award the home to one spouse, often the custodial parent, with offsetting assets to the other spouse.
Q: How are retirement accounts divided? A: Through Qualified Domestic Relations Orders (QDROs), which allow division without tax penalties.
Q: What about debts? A: Marital debts are also subject to equitable distribution, typically based on who benefited from the debt.
About the Author
Catherine L. Dominici, Esq. is a highly experienced Matrimonial & Family Law attorney in Stony Brook, NY. Admitted to practice since 2010, she specializes in divorce, child custody, support, prenuptial/postnuptial agreements, and complex asset division. Known for her compassionate representation, deep knowledge of New York's court system, and dedication to achieving favorable outcomes while reducing client stress.