NEW YORK, NY – September 14, 2026 – Spouses ending a marriage in New York often assume that marital assets will be divided evenly, but state law follows a different standard. Manhattan property division attorney Ryan Besinque of The Law Office of Ryan Besinque (https://www.besinquelaw.com/is-new-york-a-community-property-state/) explains that New York is an equitable distribution state rather than a community property state, meaning courts divide marital property fairly rather than automatically in half.

According to Manhattan property division attorney Ryan Besinque, New York Domestic Relations Law § 236 directs judges to weigh multiple statutory factors before allocating marital assets. Only nine states follow standard community property laws, and New York is not among them. “Fair and equal are not the same standard under New York law,” Besinque explains. “A judge can award one spouse more than half of the marital estate when the circumstances of the marriage support that result.”

Manhattan property division attorney Ryan Besinque notes that the statute requires courts to classify assets before dividing anything. Marital property generally includes assets acquired by either spouse during the marriage and before a separation agreement is executed or a matrimonial action begins, regardless of whose name appears on the title. Separate property covers assets owned before the marriage, gifts and inheritances received from someone other than the spouse, certain personal injury compensation, and property designated as separate in a written agreement.

Attorney Besinque points out that classification and valuation follow different timelines. Marital property is generally identified through the commencement of the matrimonial action, while the court may set an asset’s valuation date anywhere from commencement through trial. That distinction can meaningfully affect how a closely held business interest, a retirement account, or an appreciating investment portfolio is treated in the final division.

The firm notes that temporary possession of a marital residence under a protection or interim order does not resolve final ownership. “Temporary occupancy of a home and long-term ownership rights are decided under separate legal standards,” Besinque observes. “Equitable distribution addresses those property rights on their own terms within the divorce case.”

Under DRL § 236(B)(5)(d), New York courts weigh the length of the marriage, the age and health of each spouse, the income and property of each party, direct financial contributions alongside indirect homemaking efforts, the needs of a custodial parent who may require the marital home, the loss of pension rights or health insurance caused by the divorce, tax consequences, and any transfer or encumbrance of assets made in connection with the divorce. No single factor controls the outcome, which is why similar asset pools can produce different results in Manhattan courtrooms.

Besinque also addresses wasteful dissipation of marital funds. When one spouse improperly spends, transfers, or depletes marital assets, the court may account for that loss when dividing what remains. The spouse raising the issue should be prepared to establish what was used, when it was used, and why the transaction was improper. Recognized examples include gambling away marital savings, spending marital money to support an extramarital relationship, transferring assets to friends or relatives without fair value before filing, and selling property below its value.

Tax treatment receives similar attention. “Two accounts with identical balances can carry very different after-tax value,” notes Besinque. “Retirement withdrawals are taxed as income, and an appreciated home or investment account can carry substantial capital gains exposure once it is sold.” The firm works with forensic accountants and valuation professionals when hidden assets, business interests, or valuation disputes arise.

Documentation drives many of these determinations. Besinque advises assembling an asset inventory recording the acquisition date, source of funds, title, current value, associated debt, and supporting records for each item, along with any claim that a particular asset qualifies as separate property. That inventory becomes the foundation for financial disclosure, motion practice, settlement conferences, expert valuation work, and trial preparation in a contested matter. Claims of hidden or wasted assets can also extend the timeline and expense of a case, because tracing transfers, reviewing documents, and retaining separate valuation professionals all require additional work before the disputed issues narrow.

Spouses who resolve property issues through mediation may use the same equitable distribution factors as a negotiating reference while agreeing to a different allocation. Because New York is not a community property state, mediating spouses are not bound to a strict half-and-half division. The resulting agreement must still be informed, voluntary, properly signed and acknowledged, and must address classification, valuation, debt, taxes, and implementation clearly before a judge can incorporate it into the divorce. Mediation covers the same assets a court would address in litigation, including the marital home, retirement accounts, and business interests, and the resulting settlement must still comply with New York law for a judge to approve it.

Property division shapes financial security for years after a marriage ends, and the distinction between equal and equitable division carries lasting consequences. For those facing divorce in New York City, consulting a property division attorney may clarify which assets qualify as marital, how they are likely to be valued, and what division the statutory factors support.

About The Law Office of Ryan Besinque:

The Law Office of Ryan Besinque is a Manhattan-based law firm focused on divorce, custody, support, and family offense matters. Led by attorney Ryan Besinque, the firm represents clients throughout Manhattan, Brooklyn, Queens, and the Bronx in financial and parenting disputes arising from divorce. For consultations, call (929) 251-4477.

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Phone: (929) 251-4477
Address:115 W 25th St 4th floor
City: New York
State: New York 10001
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Website: https://www.besinquelaw.com/