Divorce · New York

Equitable doesn't mean equal

Splitting it all fifty-fifty is a myth, darling.

New York is an equitable distribution state. That means the court divides marital property in a way it considers fair, and fair is not automatically half. Judges look at a list of factors in the Domestic Relations Law, including how long you were married, what each of you earned and contributed, and what each of you will need going forward.

The first fight is usually over what counts as marital property at all. In general, what either of you acquired during the marriage is marital, and what you brought in, inherited, or received as a gift from someone other than your spouse can be separate. The catch is that separate property can lose its protection if you mix it into joint accounts or use it on a shared home.

The smart move: before anyone says "half," get your paper trail together. The person with the receipts usually tells the clearer story.