New York Divorce Information


Property Ownership For Divorce Purposes

Equitable distribution state, which means the court has the authority to divide marital property in any manner which is "equitable" or "just," and not necessarily 50/50. Marital fault is not a consideration when dividing property in New York, unless it is especially egregious.

What Property is Divided?

Separate property state. Only marital property is divided in a divorce. Separate property is generally 1) Property acquired before the marriage, 2) Property acquired by gift, 3) Property acquired by inheritance, 4) Personal injury awards, 5) Appreciation of separate property, unless the result of the other spouse's efforts.

Alimony

At the court's discretion. Marital fault can be considered only if it is especially egregious. Alimony terminates upon the death of either party, and upon the receiving party's remarriage.

Child Support

Income shares method, which means the income of both parents is considered. Emancipation is age 21. Courts can order payment of college education costs. Child Support Calculator.

Child Support Enforcement

The New York child support enforcement agency can be found at:

https://newyorkchildsupport.com

Divorce Related Statutes For New York

Click below, and scroll down to DOM, Domestic Relations

http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

Other Resources

The Divorce Financial Survival Series