MANHATTAN, NY - New York follows equitable distribution rather than community property laws when dividing assets in divorce, a distinction that significantly affects how marital property is allocated between spouses. Manhattan property division attorney Ryan Besinque of The Law Office of Ryan Besinque (https://www.besinquelaw.com/is-new-york-a-community-property-state/) explains how New York courts determine fair asset division and the factors that influence property distribution outcomes.
According to Manhattan property division attorney Ryan Besinque, New York is not a community property state and instead divides marital property based on fairness rather than automatic equality. Under New York Domestic Relations Law § 236, courts evaluate multiple factors to determine equitable distribution. "The difference between community property and equitable distribution can greatly affect how assets are ultimately divided," explains Besinque.
Manhattan property division attorney Ryan Besinque emphasizes that judges in New York have discretion to distribute property based on circumstances specific to each marriage. Courts examine the length of the marriage, each spouse's age and health, income levels, contributions to marital property, and custodial parent needs when making distribution decisions. Manhattan divorce cases are heard at the New York County Supreme Court at 60 Centre Street.
Attorney Besinque notes that understanding the distinction between marital and separate property is critical in divorce proceedings. Marital property includes all assets either spouse acquired during the marriage, regardless of whose name appears on the title, while separate property encompasses assets owned before marriage or received as gifts or inheritances. "Separate property can lose its protected status through transmutation or commingling," he adds. "Depositing inheritance funds into a joint account used for marital expenses can transform separate funds into marital property."
The firm handles complex property division cases involving real estate, retirement accounts, and business interests throughout Manhattan, Brooklyn, the Bronx, Queens, and all five boroughs. Besinque works with forensic accountants and financial experts when necessary to uncover hidden assets and ensure fair distribution in contested asset disputes.
Pension plans receive special attention under New York law, as vested pension rights earned during marriage are generally treated as marital property even if benefits are not yet payable. Courts often divide defined-benefit pensions using a formula approach based on the Majauskas v. Majauskas decision, depending on the plan and evidence presented.
"Courts generally divide debts along with assets under equitable distribution," observes Besinque. "When debt is connected to a specific asset, courts often assign both to the same spouse." Credit card debt used for household expenses and family purchases gets divided between both spouses, while secret debts incurred for non-marital purposes may become the sole responsibility of the spouse who created them.
Early legal guidance helps individuals understand their rights, identify all marital assets, and avoid actions that could harm their case. Common mistakes include transferring assets, closing accounts, or incurring unreasonable new debt after divorce becomes likely, which can trigger violations of automatic court orders and create serious problems in property distribution.
For those facing property division in New York divorce proceedings, contacting an experienced family law attorney may help protect financial interests and ensure fair asset distribution under equitable distribution principles.
About The Law Office of Ryan Besinque:
The Law Office of Ryan Besinque is a Manhattan-based law firm dedicated to divorce and family law matters with a focus on property and asset division. Led by attorney Ryan Besinque, the firm represents clients throughout Manhattan, Brooklyn, the Bronx, Queens, Westchester County, and Nassau County in divorce, custody, support, and family offense cases. For consultations, call (929) 251-4477.
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Email: ryan@besinquelaw.com
Website: https://www.besinquelaw.com/
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Company Name: The Law Office of Ryan Besinque
Contact Person: Ryan Besinque
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Phone: (929) 251-4477
Address:115 W 25th St 4th floor
City: New York
State: New York 10001
Country: United States
Website: https://www.besinquelaw.com/
