Introduction
When couples divorce in New York, one of the most important issues is how marital property will be divided. New York is an equitable distribution state, which means assets are divided fairly, not always equally. This process—called equitable distribution in New York—takes into account many different factors, from the length of the marriage to each spouse’s financial situation and contributions.
For couples exploring divorce mediation, understanding these factors is especially helpful. Mediation gives both spouses the opportunity to work together, guided by a neutral professional, to reach a fair resolution on property division without the stress of a courtroom battle.
This matrix outlines the statutory factors courts consider under DRL §236(B)(5)(d) when dividing marital property, along with how those factors typically influence percentage outcomes in practice. Percentages are illustrative only (not fixed) and depend on case-specific facts.
Factor Impact Matrix
| Factor | How It’s Considered | Typical Impact on Percentages |
|---|---|---|
| Income & property of each spouse at marriage/commencement | Courts review baseline wealth and current position. | If one spouse entered with greater resources, split may lean toward the other (e.g., 55/45). |
| Duration of marriage / age & health | Longer marriages → closer to equal division. | 15+ years often approaches 50/50; short marriages may skew toward the wealthier spouse. |
| Need of custodial parent to occupy/own home | Stability for children prioritized. | Custodial parent may receive larger share of residence equity (55–60%). |
| Loss of inheritance/pension rights | Offsets loss of benefits. | May slightly adjust (2–5%) toward disadvantaged spouse. |
| Loss of health insurance at divorce | Considered alongside maintenance. | Can increase lower-earning spouse’s share of assets or support. |
| Maintenance award (spousal support) | Maintenance and property division interact. | Larger maintenance may balance smaller property share, and vice versa. |
| Equitable claim by non-titled spouse | Homemaker/indirect contributions valued. | Can push division toward parity (50/50). |
| Direct/indirect contributions to property acquisition | Includes financial, caregiving, and career support contributions. | Strong evidence of non-financial contributions often results in equal split. |
| Liquid vs. illiquid property | Courts balance access to cash vs. long-term assets. | Lower-earning spouse may receive more liquid assets. |
| Future financial circumstances | Courts consider earning potential and job stability. | Lower earning potential may justify higher share (55–60%). |
| Business or professional practice value | Hard to divide; often retained by titled spouse. | Non-titled spouse may receive offset via other assets (20–30% of business value). |
| Tax consequences | Division adjusted to after-tax value. | Percentages may be tweaked to equalize net effect. |
| Wasteful dissipation | Spending/downloading marital assets improperly. | Wasting spouse’s share reduced (sometimes 5–20% penalty). |
| Transfers/encumbrances pre-divorce | Property shifted without fair consideration. | Can reduce transferring spouse’s share. |
| Any other factor | Court discretion. | Used flexibly to adjust fairness (e.g., disability, special needs child). |
Key Takeaways
Baseline: A 50/50 split is common in long-term marriages.
Adjustments: Courts may shift the division to 55/45 or 60/40 depending on circumstances. Larger deviations are rare unless there’s extreme misconduct or financial disparity.
Business ownership: Usually handled with offsets rather than direct percentage division.
Holistic approach: Judges weigh all factors together; no single factor guarantees a fixed outcome.
