News & Commentary

RHONY's Sai De Silva Divorce: NY Law Analysis (April 2026)

David Craig filed for divorce from RHONY star Sai De Silva on April 2, 2026 in NYC after 9 years. New York DRL § 236 analysis.

By Antonio G. Jimenez, Esq.New York5 min read

On April 2, 2026, David Craig filed for divorce from Real Housewives of New York City star Sai De Silva in New York City after nine years of marriage, according to TMZ. The couple married in 2017 and share two minor children, London and Rio. Under N.Y. Dom. Rel. Law § 236, the case will proceed under New York's equitable distribution framework during RHONY Season 16 filming.

Key Facts

DetailInformation
What happenedDavid Craig filed for divorce from Sai De Silva
When filedApril 2, 2026
WhereNew York City (New York County Supreme Court)
Marriage length9 years (married 2017, met 2009 in Costa Rica)
Children affected2 minor children (London and Rio)
Key statuteN.Y. Dom. Rel. Law § 236(B) — Equitable Distribution
Practical impactTriggers New York's equitable distribution, custody, and support framework

Why This Filing Matters Legally

This filing places the De Silva-Craig marriage squarely inside New York's equitable distribution regime, which divides marital property based on fairness rather than the strict 50/50 community-property split used in states like California. New York became the last state to adopt no-fault divorce in 2010, and under N.Y. Dom. Rel. Law § 170(7), either spouse can file on the ground that the marriage has been irretrievably broken for at least six months. That means Craig does not need to prove wrongdoing to obtain a divorce decree — he only needs to assert the six-month breakdown.

A nine-year marriage with two minor children activates three parallel legal tracks in New York: property division, child custody and parenting time, and child support. Each track runs on its own timeline, and the court can issue pendente lite (temporary) orders within the first 30-60 days to stabilize finances and parenting schedules while the case proceeds.

How New York Law Handles This Divorce

New York courts apply N.Y. Dom. Rel. Law § 236(B)(5) to divide marital assets equitably. The statute lists 14 factors judges must weigh, including the length of the marriage, each spouse's income and property, the age and health of both parties, and the need of the custodial parent to occupy the marital residence. Equitable does not mean equal — in high-profile New York divorces, courts routinely award 60/40 or even 70/30 splits depending on the facts.

Child support in New York is governed by the Child Support Standards Act, codified at N.Y. Dom. Rel. Law § 240(1-b). For two children, the statutory percentage is 25% of combined parental income up to the 2026 cap of $183,000, with the court retaining discretion above that threshold. Given that RHONY cast members reportedly earn between $60,000 and $500,000 per season, any support calculation for the De Silva-Craig children will likely exceed the statutory cap and trigger a discretionary analysis.

Custody decisions follow the best interests of the child standard under N.Y. Dom. Rel. Law § 240. New York courts consider stability, each parent's caregiving history, work schedules, and the child's relationship with each parent. De Silva's public statement prioritizing stability for London and Rio signals a likely push for a structured parenting plan that accommodates her filming schedule.

Practical Takeaways for New York Residents

  1. File on no-fault grounds to avoid litigation over blame. Under N.Y. Dom. Rel. Law § 170(7), asserting six months of irretrievable breakdown is sufficient and removes fault-based discovery battles.

  2. Request pendente lite orders within the first 30 days. Temporary support, exclusive use of the marital home, and interim custody schedules stabilize families while the case proceeds under N.Y. Dom. Rel. Law § 236(B)(6).

  3. Gather three years of tax returns, pay stubs, and account statements before the preliminary conference. New York's mandatory Statement of Net Worth (Form UD-6) requires full financial disclosure within 20 days of the first appearance.

  4. Prioritize a written parenting plan over courtroom battles. Plans that specify holiday schedules, decision-making authority, and travel protocols reduce litigation costs, which average $19,000-$35,000 per spouse in contested New York divorces.

  5. Understand that New York child support above $183,000 of combined income is discretionary. If you or your spouse earn more, retain counsel who can document the children's actual needs with specificity.

  6. Preserve social media, text messages, and co-parenting communications. New York courts admit these regularly in custody determinations under N.Y. Dom. Rel. Law § 240.

Frequently Asked Questions

(See FAQ section below.)


If you are navigating a divorce in New York and want to understand how equitable distribution, child support, and custody may apply to your situation, you can browse exclusive New York family law attorneys by county on divorce.law.

This article discusses recent news and provides general legal commentary. It does not constitute legal advice. Every case is unique. Consult a qualified family law attorney for advice specific to your situation.

Key Questions

How long does a divorce take in New York?

Uncontested New York divorces typically finalize in 3-6 months after filing. Contested divorces involving custody or significant assets average 12-18 months under [N.Y. Dom. Rel. Law § 170](/statutes/new-york#170), with complex high-net-worth cases sometimes exceeding 24 months before final judgment.

Is New York a 50/50 divorce state for property division?

No. New York is an equitable distribution state under [N.Y. Dom. Rel. Law § 236(B)(5)](/statutes/new-york#236), meaning courts divide marital property based on 14 fairness factors rather than an automatic 50/50 split. Awards frequently land at 60/40 or 70/30 depending on income disparity and marriage length.

How is child support calculated in New York for two children?

New York applies 25% of combined parental income for two children under [N.Y. Dom. Rel. Law § 240(1-b)](/statutes/new-york#240), capped at $183,000 in 2026. Income above that cap is discretionary, with courts weighing the children's actual needs and accustomed standard of living.

Can a parent's work schedule affect custody in New York?

Yes. New York courts weigh each parent's schedule, caregiving history, and availability under the best interests standard in [N.Y. Dom. Rel. Law § 240](/statutes/new-york#240). Demanding work schedules do not disqualify a parent, but they influence parenting time allocation and decision-making authority.

What is the minimum residency requirement to file for divorce in New York?

Under [N.Y. Dom. Rel. Law § 230](/statutes/new-york#230), at least one spouse must have resided in New York continuously for two years before filing, or one year if the couple married in New York, lived there as spouses, or the grounds arose in New York.

Written By

Antonio G. Jimenez, Esq.

Florida Bar No. 21022 | Covering New York divorce law