A simpler, faster way to get divorced in New York.
When you and your spouse agree, getting divorced shouldn’t be complicated.
Express Divorce makes the uncontested divorce process easier — with straightforward steps, clear pricing, and the experience of a New York matrimonial law firm behind you.
See if you qualify in just a few minutes.
Organize your assets and debts and explore a proposed division for a New York divorce. New York uses equitable distribution, which means marital property is divided fairly based on the circumstances - not automatically 50/50.
This tool is for planning and educational purposes only. It does not determine whether property is marital or separate or predict what a court will award.Apply a proposed allocation to all marital assets or marital debts at once. You can still adjust individual items afterward.
These percentages are planning scenarios only. New York does not presume that marital property must be divided equally.
New York courts divide marital property equitably after considering the circumstances of the marriage and the parties. A 50/50 allocation can be used here as a planning scenario, but it is not a legal presumption or guaranteed result.
Separate property generally remains separate, although classification, tracing, commingling, appreciation, and contributions can make the analysis more complex.
Proposed Marital Assets$0
Proposed Marital Debts$0
Separate Property Shown$0
Separate Debts Shown$0
Proposed Marital Net$0
Proposed Marital Assets$0
Proposed Marital Debts$0
Separate Property Shown$0
Separate Debts Shown$0
Proposed Marital Net$0
This is a user-selected planning scenario, not a prediction of an equitable-distribution award.
Important: This planner is provided for general educational and planning purposes only. It does not provide legal advice, create an attorney-client relationship, determine whether an asset or debt is marital or separate, or predict how a New York court would divide property. New York uses equitable distribution. Marital property is distributed equitably based on the circumstances of the case and is not automatically divided 50/50. Separate property generally remains separate, but classification may depend on tracing, commingling, appreciation, contributions, agreements, and other facts. Debt allocation may also depend on when and why the debt was incurred and other circumstances. The percentages entered in this tool are user-selected planning assumptions only. Actual property and debt division may differ substantially. Retirement accounts, businesses, real estate, tax issues, separate-property claims, and other complex assets may require legal, valuation, tax, or financial advice. Speak with a New York matrimonial attorney about your specific situation.
Property division can be one of the most important financial parts of a divorce.
For New York couples, the process begins by identifying what is marital, what may be separate, what each asset is worth, what debt is attached to it, and how the overall division should be structured.
A property calculator can help organize the numbers.
It does not decide what is legally marital, what is separate, or what division a court would consider equitable.
NEW YORK USES EQUITABLE DISTRIBUTION
New York is not a community-property state.
Instead, New York follows equitable distribution.
That means marital property is divided fairly under the circumstances, which does not necessarily mean equally.
The court may consider factors such as:
For an uncontested divorce, the spouses can negotiate their own allocation rather than asking a judge to divide the estate.
WHAT PROPERTY MAY BE DIVIDED?
Real Estate
Real estate may include:
A basic equity calculation is:
(Current Estimated Value) – (Mortgage and Other Secured Debt) = (Estimated Net Equity)
Possible options include:
Retirement Accounts
Retirement assets may include:
The portion accumulated during the marriage may be marital property.
Some employer-sponsored plans require a Qualified Domestic Relations Order (QDRO) or similar domestic-relations order to divide benefits properly.
IRAs are generally handled differently and do not ordinarily require a QDRO.
Retirement assets should not be treated like cash because future taxes and plan rules can affect their economic value.
Investment Accounts
Investment property can include:
When comparing investment assets, consider more than the current account balance.
Relevant factors may include:
Two investment accounts with the same stated value may not have the same after-tax value.
Bank Accounts
Checking, savings, money-market accounts, and certificates of deposit may need to be included in the marital estate.
Important questions include:
An account being titled in only one spouse’s name does not automatically make it separate property.
Vehicles
Vehicles may include:
The relevant figure is often the net value:
(Estimated Fair Market Value) – (Outstanding Loan) = (Net Equity)
If the loan exceeds the vehicle’s value, the vehicle carries negative equity.
Business Interests
Business interests can be among the most complex assets in a divorce.
They may include:
Questions may include:
Possible settlement structures can include:
Personal Property
Personal property may include:
These items are often easier to divide by agreement than to litigate individually.
For financial purposes, fair market value is usually more useful than sentimental value.
Life Insurance
Permanent policies may have cash value that should be considered as part of the financial picture.
Term policies generally do not have a comparable cash-value component.
Life insurance can also have a separate role as security for:
Tax Refunds
A tax refund may need to be addressed depending on:
The correct treatment depends on the facts and how the tax return is filed.
Intellectual Property and Other Rights
Some divorces involve assets such as:
These interests may require specialized valuation if they have significant economic value.
MARITAL DEBTS
A complete property division should also account for liabilities.
Mortgages
Mortgage debt reduces the equity available in real property.
If one spouse keeps the home, the agreement should address:
Transferring title does not automatically remove a spouse from mortgage liability.
Credit-Card Debt
Credit-card debt may need to be allocated between the spouses.
Relevant considerations can include:
A credit card being in one spouse’s name does not necessarily resolve how the debt will be treated in the divorce.
Auto Loans
The spouse retaining a vehicle often also assumes responsibility for the related loan.
The agreement should address any required refinance, transfer, or indemnification.
Student Loans
Student-loan treatment can be fact-specific.
The result may depend on when the debt was incurred, whose education it funded, and the circumstances of the marriage.
It should not automatically be assumed that every student loan will be divided equally.
Personal Loans
Loans from:
should be documented.
Where a claimed family loan is involved, evidence of the obligation can be particularly important.
Medical Debt
Medical obligations may also need to be addressed depending on when they were incurred and the surrounding circumstances.
Business Debt
Business liabilities should generally be evaluated together with the value of the business itself.
This may include:
Tax Debt
Joint tax liabilities require careful attention.
A divorce agreement can allocate responsibility between spouses, but that agreement does not necessarily alter the rights of a taxing authority against people who remain legally liable.
Tax advice may be appropriate where significant joint liabilities exist.
SEPARATE PROPERTY
New York recognizes separate property that may not be subject to equitable distribution.
Potential examples include:
Classification can become complicated when separate property and marital property are mixed.
COMMINGLING AND TRACING
A separate asset can become difficult to identify if it is mixed with marital property.
Examples include:
PROPERTY ACQUIRED AFTER SEPARATION
Tracing records can become important in determining whether all or part of an asset remains separate.
A useful calculator should therefore allow an asset to be marked:
PROPERTY ACQUIRED AFTER SEPARATION
For New York purposes, physical separation alone does not automatically create the cutoff for marital property.
As a general matter, New York’s statutory definition of marital property looks to property acquired during the marriage and before the commencement of the matrimonial action, subject to applicable exceptions and agreements.
That is why a property calculator should not automatically treat everything acquired after a couple begins living apart as separate.
SPECIAL CONSIDERATIONS
THE MARITAL HOME
Sell and Divide the Proceeds
The spouses sell the home, satisfy the mortgage and closing expenses, and divide the remaining proceeds according to their agreement.
One Spouse Keeps the Home
One spouse may retain the property and buy out the other spouse’s agreed share.
The agreement should address refinancing and release from mortgage liability.
Deferred Sale
The spouses may agree to keep the property temporarily and sell it after a defined event.
The agreement should clearly address:
Continued Co-Ownership
Continued ownership after divorce is possible but can create future conflict if responsibilities are not carefully defined.
RETIREMENT ACCOUNT DIVISION
Retirement division requires particular care.
Employer-Sponsored Plans
Many employer-sponsored retirement plans require a QDRO or another specialized domestic-relations order.
The order may need to address:
IRAs
IRAs are generally transferred pursuant to the divorce or separation instrument using the appropriate tax-compliant transfer process rather than a QDRO.
Improper implementation can create unintended tax consequences.
PENSION VALUATION
Defined-benefit pensions may require specialized analysis.
Depending on the settlement structure, spouses may choose between:
A present-value calculation may involve assumptions regarding retirement age, life expectancy, interest rates, and plan benefits.
BUSINESS VALUATION
Common valuation approaches include:
Asset Approach
Looks at the value of business assets minus liabilities.
Income Approach
Values the business based on expected earnings or cash flow.
Market Approach
Looks to comparable businesses or transactions.
The appropriate method depends on the nature of the business and the purpose of the valuation.
GOODWILL
Professional and business goodwill can be a sophisticated valuation issue.
Its treatment depends on the specific facts, the nature of the enterprise, and New York law.
A simple property calculator should not automatically assign a goodwill value without professional analysis.
TAX IMPLICATIONS OF PROPERTY DIVISION
Primary Residence
A sale of a principal residence may have federal capital-gains consequences.
Eligibility for any exclusion depends on federal tax requirements and the particular facts, including ownership and use.
Do not assume that every divorcing couple automatically qualifies for the same exclusion amount.
Investment and Vacation Property
Investment property may carry:
That can make its after-tax value materially different from its current market value.
Retirement Assets
Retirement accounts can carry deferred income-tax liability.
A $500,000 retirement account is not economically identical to $500,000 in cash.
The calculator should therefore make clear that gross value is not necessarily net value.
Investment Accounts
Transfers incident to divorce may receive particular tax treatment under federal law, but the receiving spouse may take the transferred asset with its existing tax basis.
That means future tax liability can remain embedded in the asset.
Stock Options and Equity Compensation
Stock options, restricted stock, deferred compensation, and similar employment benefits can present difficult questions involving:
Attorney and tax review may be appropriate before those assets are divided.
THE MOST IMPORTANT PRINCIPLE
A property calculator is useful because it can show the arithmetic of a proposed settlement.
But it cannot answer the legal questions that come before the arithmetic.
It can calculate:
It cannot decide:
The calculator helps organize the division. New York law determines what is actually subject to division.
CALCULATE YOUR PROPERTY DIVISION
DOCUMENTING ASSETS AND DEBTS
Start With Complete Financial Information
A property-division analysis is only as reliable as the information behind it.
For New York spouses, important financial records may include:
If the divorce is uncontested, the parties may already have enough information to reach agreement.
If financial information is incomplete or disputed, additional disclosure may be necessary before any proposed division is finalized.
VALUATION MATTERS
An asset can change value significantly over time.
That is especially true for:
The legally appropriate valuation date can depend on the type of asset, the circumstances of the case, and New York law.
For that reason, the calculator should treat the value entered as an estimated working value, not automatically as the final legal valuation.
WHEN FORMAL DISCOVERY MAY BE NECESSARY
If one spouse believes important financial information is missing, an uncontested calculator may no longer be enough.
In contested New York matrimonial litigation, attorneys may use formal discovery tools such as:
A forensic accountant may also be appropriate where the financial structure is particularly complicated or there is a genuine concern that assets or income have been concealed.
HIDDEN ASSETS AND FINANCIAL MISCONDUCT
Warning Signs That May Require Closer Review
Potential concerns can include:
None of these facts automatically proves wrongdoing.
They may, however, justify obtaining more complete financial information before agreeing to a final division.
WASTEFUL DISSIPATION OF MARITAL ASSETS
New York law allows wasteful dissipation of marital property to be considered in equitable distribution.
Examples may include significant marital funds used for:
The legal issue is not simply that one spouse spent money the other disliked.
The question is whether marital assets were improperly depleted in a way that should be considered when dividing the estate.
WHAT IF ASSETS WERE CONCEALED?
Concealing assets can have serious consequences in matrimonial litigation.
The court may consider the underlying financial misconduct when fashioning equitable relief, and discovery-related misconduct can also create additional legal consequences.
The exact remedy depends on the facts.
A property calculator should therefore never imply that a missing asset is simply excluded from the marital estate because it was not entered.
The calculator can only work with the information provided.
If you suspect important assets are missing, obtain legal advice before relying on the results.
USING THE NEW YORK PROPERTY DIVISION CALCULATOR
Step 1 — Enter Your Assets
Add each significant asset and its current estimated value.
Possible categories include:
Step 2 — Enter Your Debts
List the current balance of significant obligations, including:
Step 3 — Identify Possible Separate Property
For each asset, indicate whether it appears to be:
Do not automatically exclude an asset simply because it is titled in one spouse’s name.
Classification depends on how and when the property was acquired and whether separate funds can be traced.
Step 4 — Choose a Proposed Allocation
New York does not use a community-property formula.
The calculator should therefore allow the spouses to test proposed allocations rather than automatically forcing a 50/50 split.
For example, you may compare:
The calculator shows the arithmetic.
It does not decide what percentage New York law would require.
Step 5 — Assign Assets and Debts
Allocate each item to:
The calculator should then track:
Step 6 — Review the Net Result
Look at the overall financial picture rather than focusing on one asset at a time.
For example, one spouse might receive the house while the other receives:
What matters is the net effect of the entire proposed settlement.
Step 7 — Generate a Summary
A useful calculator summary should clearly identify:
The summary can be useful for negotiation and organization.
It is not itself a settlement agreement or court order.
FREQUENTLY ASKED QUESTIONS
What Is the Difference Between Community Property and Equitable Distribution?
Community-property states generally begin from a different property framework.
New York does not use that system.
New York is an equitable-distribution state, which means marital property is divided fairly under statutory factors and not automatically 50/50.
What Assets Are Divided in a New York Divorce?
Marital property may include assets such as:
Whether a particular asset is marital or separate depends on the facts.
Are Debts Divided Too?
Yes.
The financial settlement should account for liabilities as well as assets.
Potential marital debts can include:
The treatment of a specific debt depends on when and why it was incurred.
What Happens to the House?
Common options include:
The agreement should address mortgage responsibility, taxes, insurance, maintenance, and what happens if a planned refinance or sale cannot occur.
How Are Retirement Accounts Divided?
It depends on the type of account.
Certain employer-sponsored plans may require a QDRO or another specialized domestic-relations order.
IRAs generally use a different transfer mechanism.
The marital portion, valuation method, gains and losses, and tax consequences should be considered before implementation.
What if My Spouse Is Hiding Assets?
A calculator is not designed to investigate concealment.
If there is a genuine concern that assets or income are missing, formal financial disclosure, discovery, subpoenas, or forensic analysis may be necessary.
That is typically a situation where attorney involvement becomes important.
Are Inheritances and Gifts Divided?
Property inherited by one spouse or gifted individually by a third party may qualify as separate property.
However, the result can become more complicated if the property was:
Tracing may be necessary.
How Is a Business Divided?
A business may need to be valued before it can be allocated.
Possible settlement options include:
The appropriate valuation method depends on the business.
What Are the Tax Implications of Property Division?
Property transfers in connection with divorce can have significant tax consequences.
Important issues may include:
A property calculator should not be treated as tax advice.
What if We Cannot Agree on Property Division?
If agreement is close but incomplete, mediation may help.
If the spouses still cannot resolve the issues, the matter may become contested and the court can ultimately determine equitable distribution under New York law.
That can involve:
Resolving property by agreement generally gives the spouses more control over the final structure.
THE BOTTOM LINE
A property-division calculator can be extremely useful for organizing assets, debts, and proposed allocations.
But it should not create a false sense of legal certainty.
It can show:
It cannot determine:
Use the calculator to understand the numbers. Use New York law to understand the rights behind them.
Once you and your spouse have reached agreement on the property division, Express Divorce can help qualifying couples incorporate those terms into the uncontested New York divorce process.
CALCULATE YOUR PROPERTY DIVISION
When spouses disagree, attorney time, negotiations, discovery, motions, and court appearances can make legal costs difficult to predict.
When spouses have already reached agreement, the work can be more clearly defined.
$25k-$30k
EXPRESS DIVORCE
$799 – $7,999
Express Divorce was created to make New York uncontested divorce easier to understand and easier to complete.
From preparing your paperwork to helping with filing and signatures, our team provides the level of support you choose — with attorney review and attorney-led options available when you want more guidance.
We prepare your New York uncontested-divorce paperwork and provide clear filing instructions. You handle the filing with the court.
Get help with your New York divorce paperwork, court filing, spouse signatures, and the steps needed to move your uncontested divorce forward.
We handle your entire uncontested divorce process from start to finish, including paperwork preparation, filing, and court coordination so you don’t have to manage any steps on your own.
Express Divorce helps New Yorkers move through an uncontested divorce with clear steps, professional document preparation, and the level of support that fits their needs.
From filing assistance to attorney-reviewed and attorney-led options, the goal is simple: make the legal process easier when you and your spouse have already reached agreement.
