Equitable Distribution

What it means

The legal rule for splitting property and debts when a New York marriage ends. New York is an equitable distribution state, not a community property state. The court divides marital property fairly, which is not always 50-50. Marital property is generally everything earned or acquired during the marriage, no matter whose name is on the title. Separate property is what each spouse owned before the marriage, plus inheritances and gifts received during the marriage from third parties. Separate property is not divided. The court considers many factors when deciding what is fair: the length of the marriage, each spouse's age and health, income, contributions to the marriage (including homemaking and child care), tax consequences, and many others. Pension and retirement accounts earned during the marriage are marital property and subject to division through a special order called a QDRO.

When you might hear this

Equitable distribution is how the court splits property and debts in a New York divorce. New York is not a 50-50 community property state — the court divides marital property fairly, which is not always equally.

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