Equitable Distribution

New York is an equitable distribution state. What this means is that all property acquired during marriage is considered "marital property" and is subject to being divided by the Divorce Court Judge.

Equitable Distribution is not equal distribution. The concept of equal distribution is found in community property states. New York is not a community property.

Because equitable distribution is not equal distribution it is possible for one spouse to get more than 50 percent of a given asset. The court will look at a number of factors in making it's determination. These factors are found in New York Domestic Relations Law, section 236 B. (http://caselaw.lp.findlaw.com/nycodes/DOM236TXDOM0236.html)

Because there are a number of factors relating to Equitable Distribution, we have posted, and will continue to post, articles on the various aspects of Equitable Distribution.