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Divorce in New York splits your property by a rule called equitable distribution. “Equitable” means fair. It does not always mean equal. A trusted equitable distribution lawyer in New York City helps you keep your fair share of the home, the savings, the business, and the retirement money you built while married. At Collins Law Group, PLLC, we stand up for people across Manhattan, Brooklyn, Queens, the Bronx and Staten Island. We fight to protect what you earned.
If you are scared a judge might hand your spouse too much, you are in the right place. This page answers the questions people ask us most, in plain words.
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New York is not a 50/50 state. States like California split marital property down the middle. New York does not. Here, a judge looks at your whole marriage and decides what is fair for both people. The law that controls this is New York Domestic Relations Law § 236. Because “fair” can mean many things, the way your lawyer argues your case matters a great deal.
Marital property is most of what you both gained during the marriage. This is true even if only one name is on the account or the deed. Common examples:
Separate property stays with you. It is not split. This usually means property you owned before you married, an inheritance left only to you, a gift given only to you by someone outside the marriage, or money from a personal injury claim for your pain.
Here is where people lose money without knowing it. Separate property can turn into marital property if you mix it in. Lawyers call this “commingling.” Say you inherit $80,000 and drop it into a joint account you both use for bills. That money may now count as marital. A careful lawyer can trace those funds back and argue they should stay yours.
Fair Does Not Mean Equal : A short example makes this clear. Say Maria and Sam divorce after 18 years. Maria worked full time. Sam stayed home and raised three kids. Sam has no pension and little job history. A judge may give Sam more than half of the savings, because Sam gave up income to support the family. That is equitable distribution at work. It looks at real life, not just a calculator.
A skilled New York property division lawyer does more than fill out forms. We build the story a judge needs to hear. When splitting property, New York judges weigh a set of factors from the law. The main ones are:
You do not need to memorize this list. That is our job. We take your facts and match them to the factors that help you most.
New York City property is not like property anywhere else. A marital property division attorney in NYC must know the assets this city runs on. We handle the ones that trip up out-of-town firms:
If your money looks like New York money, you want a lawyer who lives in this world every day.
People ask us how the process actually works. As your asset division lawyer in New York City, here is the path we walk with you, step by step.
Step 1 – File your Statement of Net Worth. Both spouses must fill out this sworn form. It lists your income, assets, debts, and monthly costs. It is the map for the whole case, so getting it right matters.
Step 2 – Share the records (discovery). Both sides swap financial papers. We can send written questions and demand documents. Hiding assets is against the law and can backfire badly.
Step 3 – Sort marital from separate. We label each item and trace money back to its source when a spouse claims something is separate.
Step 4 – Value the assets. We bring in the right experts to price a home, a business, or a pension. A strong number wins cases.
Step 5 – Negotiate. Most cases settle. We push hard for a fair deal so you can move on.
Step 6 – Go to trial if needed. If your spouse will not be fair, we argue for your full share before a judge.
Most people never reach a full trial. But your spouse should know you have a lawyer ready to go the distance. That is where fair deals come from.
Divorce cases in New York City are heard in the Supreme Court of the county where you live. As a Manhattan equitable distribution attorney, our team appears in the matrimonial parts of New York County (Manhattan), and across Kings County (Brooklyn), Queens County, Bronx County, and Richmond County (Staten Island). We have worked in these courthouses, before these judges, under these local rules.
That local footing helps your case run smoother. We have seen how a Manhattan judge tends to view a co-op buyout, and how a Brooklyn court handles a family business. Local firms win on details like these.
Big money divorces bring big risks. As a high asset divorce lawyer in NYC, we protect clients with complex holdings and a lot on the line. High-value cases often involve business ownership, investment accounts, several properties, trusts, private equity, and carried interest.
When a lot of money is at stake, some spouses try to hide it. We work with forensic accountants who follow the paper trail and find what someone tried to bury. If your spouse moved cash, opened secret accounts, or spent to punish you, a judge can make it right. New York law lets the court address wasted or hidden assets, and we prove it. When an asset is hard to split, like a business, a judge can also order a “distributive award,” which is a cash payment that balances the books.
One point saves our clients real money, and many firms still get it wrong. A professional license or degree, on its own, is not divided as property in New York today. The law changed for cases filed after January 25, 2016. Some competitor pages still say your medical or law degree gets split. That is old law. The work and support you gave toward your spouse’s career can still count as a factor in your favor, but the degree itself is not an asset to divide.
If you or your spouse owns a company, the divorce gets harder fast. A business asset division lawyer in NYC protects the value you built and, when possible, keeps your business whole.
The first question is how much the business is worth. We work with valuation experts who study your books, your clients, and your growth. The second question is who keeps it. In many cases, one spouse keeps the company and pays the other for their share. This lets the owner keep running the business without a partner they no longer trust.
We handle family-run shops, professional practices such as medical, dental, and law offices, startups and partnership stakes, and real estate holding companies.
A short example: Dev built a small design studio during a 12-year marriage. His spouse never worked there. Even so, part of the studio’s value may be marital, because it grew during the marriage. A smart plan let Dev keep his studio and pay his spouse over time, instead of selling the thing he loves. That is the kind of result we aim for.
Court is not the only way, and it is rarely the best way. As your divorce property settlement lawyer in NYC, we try to settle your case with a fair written agreement. A good settlement gives you three things a trial cannot:
We never push you into a weak deal just to be done. We push for a strong one. If your spouse refuses to be fair, we are ready to walk into a New York City courtroom and argue your case. Your spouse’s lawyer will know we mean it.
Why bring your case to Collins Law Group, PLLC? Because a property distribution attorney in New York should know both the law and this city. Here is what we bring to your side.
Aoife Collins has practiced New York divorce and family law for 20 years. She is admitted to practice before the New York State courts and has handled property division cases across all five boroughs. board certifications, bar leadership roles, Super Lawyers or Best Lawyers listings, published articles or speaking spots.
Our team focuses on divorce and family law. We do not spread ourselves thin. We handle equitable distribution, spousal support, child custody and child support every day. That focus shows up in your result.
We help clients across all of New York City. That includes Manhattan spots like the Upper East Side, Harlem, Chelsea, Tribeca, and the Financial District; Brooklyn areas like Park Slope, Williamsburg, and Bay Ridge; and Queens neighborhoods like Astoria, Long Island City, and Flushing. We also serve the Bronx and Staten Island. Wherever you live in the city, a local equitable distribution lawyer in New York City is close by.
You do not have to face this alone, and you should not guess your way through it. The choices you make now will shape your money for years. A steady, skilled equitable distribution lawyer in New York City can protect your home, your business, and your future.
Collins Law Group, PLLC offers a free and private consultation. We will listen to your story, answer your questions, and lay out your options in plain words. Call us at 646-241-8602. or fill out the form on this page to book your free meeting today.
Collins Law Group, PLLC serves clients in Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.