Marital Property Division Lawyer in Kings County (Brooklyn), New York — What Is Equitable Distribution?
Dividing marital property in Kings County (Brooklyn) requires handling New York’s equitable distribution law (DRL § 236). The Kings County Supreme Court determines a fair, though not necessarily equal, division of assets acquired during the marriage. As a Marital Property Division Lawyer Kings County NY, Law Offices Of SRIS, P.C. provides focused representation to protect your financial interests in divorce.
New York’s Equitable Distribution Law
Marital property division in New York is governed by the principle of equitable distribution under Domestic Relations Law (DRL) § 236. This statute defines marital property as all property acquired by either spouse during the marriage, regardless of how title is held, with specific exceptions for separate property like gifts, inheritances, and property acquired before the marriage. The court’s goal is not a 50/50 split, but a fair division based on multiple statutory factors.
Last verified: April 2026 | Kings County Supreme Court | New York State Legislature
Official Legal Resources
For the full text of the law, review New York Domestic Relations Law § 236 (official New York State Senate). For court forms and procedures, visit the Kings County Supreme Court website.
Procedural Insights for Kings County (Brooklyn)
In Kings County, all divorce and equitable distribution matters are filed in the Supreme Court. A key procedural fact is the automatic restraining orders under DRL § 236, which freeze marital assets and prohibit changes to insurance upon the filing of a divorce action. This prevents either spouse from dissipating assets during the proceedings. The court considers factors like the income and property of each party, the duration of the marriage, and the future financial circumstances of each party.
- File for Divorce: Commence an action for divorce in Kings County Supreme Court, which triggers automatic orders freezing marital assets.
- Financial Disclosure: Both parties must exchange sworn Statements of Net Worth, detailing all assets, debts, income, and expenses.
- Discovery: Engage in the formal exchange of information, which may include subpoenas for business records, appraisals of real estate, and valuations of retirement accounts.
- Negotiation/Settlement: Attempt to reach a settlement on property division, often through mediation or settlement conferences with the court.
- Trial (if necessary): If no agreement is reached, the court will hear evidence and make a determination on equitable distribution.
- Judgment: The court issues a judgment of divorce that incorporates the terms of the property division.
Understanding the Division Process
In Kings County, marital property division follows equitable distribution, where the court divides assets based on fairness, considering factors like the length of the marriage and each spouse’s financial situation.
The court must first classify all property as either marital or separate. It then determines the value of the marital property before applying the statutory factors to decide a fair distribution. Common complex assets in Kings County cases include co-op apartments, small businesses, professional practices, and deferred compensation plans.
Results may vary. Prior results do not aim for a similar outcome.
Firm Authority in Family Law
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys bring a combined 120+ years of legal experience to complex financial divorces. We understand that a Marital Property Division Attorney Kings County NY must be adept at uncovering hidden assets, valuing businesses, and negotiating settlements that protect your long-term financial health. Our approach is direct and focused on achieving a resolution that aligns with the equitable distribution factors of New York law.
Case Results
Our firm-wide practice has handled 4,739+ documented case results with a favorable outcome rate exceeding 93%. While results are always case-specific, our extensive experience across New York courts informs our strategy for every Marital Property Division Law Firm Kings County NY matter we handle.
Results may vary. Prior results do not aim for a similar outcome.
Contact Our Kings County (Brooklyn) Marital Property Division Lawyer
Our New York location serves clients in Kings County (Brooklyn). We are accessible via major routes including the BQE (I-278), Atlantic Ave, and Flatbush Ave. We represent clients from neighborhoods across Brooklyn, including Downtown, Williamsburg, Park Slope, DUMBO, Brooklyn Heights, Bushwick, Crown Heights, Flatbush, Bay Ridge, Bed-Stuy, Bensonhurst, Coney Island, Brownsville, and Sunset Park.
Law Offices Of SRIS, P.C.
New York Location — Buffalo/NY area
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003 | Local: (838) 292-0003
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Availability: 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Marital Property Division in Kings County (Brooklyn) — FAQ
How is marital property divided in New York?
It depends. New York uses equitable distribution under DRL § 236, meaning property is divided fairly based on factors like marriage length, income, and future needs, not necessarily 50/50. The court classifies assets as marital or separate before determining a fair division.
Is my business considered marital property?
It depends. The portion of a business’s value that increased during the marriage is generally marital property subject to division. A business started before the marriage may have both separate and marital components, requiring valuation by a forensic accountant.
How is a house divided in a divorce?
The marital home is typically marital property if purchased during the marriage. Options include selling the house and splitting the proceeds, or one spouse buying out the other’s equity. The court considers factors like children’s needs and each spouse’s ability to maintain the home.
What is separate property?
Separate property is not subject to division. It includes property acquired before the marriage, gifts and inheritances given solely to one spouse (if kept separate), and personal injury awards (except compensation for lost earnings).
Can my spouse hide assets?
Attempting to hide assets is illegal and can result in severe penalties from the court. Through the discovery process, including subpoenas and forensic accounting, a skilled Marital Property Division Lawyer Kings County NY can work to uncover full financial disclosure.
Internal Resources
For more information, visit our New York Family Law hub page. We also assist with criminal defense and immigration matters in Kings County.
Page last verified: 2026-04. Laws change. Contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.