David Craig Files for Divorce From RHONY Star Sai De Silva After 9 Years
David Craig filed for divorce from Real Housewives of New York City star Sai De Silva on April 2, 2026, ending their 9-year marriage. The couple shares two children together. New York residents facing similar circumstances should understand that the state follows equitable distribution rules under N.Y. Dom. Rel. Law § 236, meaning marital assets get divided fairly—though not necessarily equally—based on multiple statutory factors.
| Key Facts | Details |
|---|---|
| What happened | David Craig filed for divorce from Sai De Silva |
| Filing date | April 2, 2026 |
| Marriage duration | 9 years |
| Children | Two minor children |
| Jurisdiction | New York |
| Governing statute | N.Y. Dom. Rel. Law § 236 |
| Public response | Sai addressed the split on April 5, 2026 |
Why This Filing Matters for New York Divorce Law
High-profile divorces involving reality television personalities create unique legal considerations that everyday New Yorkers should understand. New York courts apply the same legal standards to celebrity divorces as they do to any other dissolution, but the public nature of reality television income and the ongoing filming of RHONY Season 16 introduce complexities around asset valuation and privacy.
New York became a no-fault divorce state in 2010 when the legislature added N.Y. Dom. Rel. Law § 170(7), allowing couples to divorce simply by stating the marriage has been irretrievably broken for at least six months. David Craig's filing likely relies on this no-fault ground, which approximately 95% of New York divorce petitioners now use according to court administrative data.
The timing of this filing during active reality television production raises questions about how entertainment income gets classified. Under New York law, earnings from employment during the marriage—including television appearance fees, brand partnerships, and social media income—constitute marital property subject to equitable distribution. Courts look at the total compensation a spouse earned between the marriage date and the commencement date (the date divorce papers were filed or served).
How New York Handles Asset Division in High-Income Divorces
New York courts divide marital property using equitable distribution principles outlined in N.Y. Dom. Rel. Law § 236(B)(5). The statute lists 14 specific factors judges must consider when determining what constitutes a fair division. These factors include marriage duration, each spouse's income and property at marriage, each spouse's age and health, the need for a custodial parent to remain in the marital residence, and contributions to marital property including homemaker contributions.
For couples with significant income disparities or complex asset portfolios, New York courts often order forensic accountants to value business interests, intellectual property, and ongoing income streams. Reality television contracts typically include future royalty provisions, syndication payments, and appearance bonuses that extend beyond the divorce filing date. Courts must determine what portion of these future payments represents work performed during the marriage versus post-separation efforts.
New York also recognizes enhanced earning capacity as marital property in certain circumstances. Under the landmark case of O'Brien v. O'Brien (1985), the Court of Appeals held that professional licenses and degrees obtained during marriage can constitute marital property. While this doctrine applies most directly to professional degrees like medical or law licenses, courts have extended similar reasoning to entertainment careers built during the marriage.
Maintenance (alimony) calculations in New York follow a statutory formula established in 2015 and updated in 2016. For marriages lasting 9 years like the De Silva-Craig union, N.Y. Dom. Rel. Law § 236(B)(6) provides that post-divorce maintenance duration guidelines suggest 15% to 30% of the marriage length—meaning potential maintenance obligations of 16 to 32 months. However, judges retain discretion to deviate from guidelines based on the 20 factors enumerated in the statute.
Child Custody Considerations Under New York Law
With two minor children involved, custody and parenting time become central issues in the De Silva-Craig divorce. New York courts make custody determinations based exclusively on the best interests of the children, as required by N.Y. Dom. Rel. Law § 240. The statute directs judges to consider factors including each parent's ability to provide stability, the children's existing relationships, each parent's mental and physical health, and any history of domestic violence.
New York distinguishes between legal custody (decision-making authority for education, healthcare, and religious upbringing) and physical custody (where children primarily reside). Many New York courts favor joint legal custody arrangements that give both parents input on major decisions, while physical custody often follows a primary residence model with structured parenting time for the non-custodial parent.
Child support in New York follows the Child Support Standards Act formula codified in N.Y. Dom. Rel. Law § 240(1-b). For two children, the combined parental income gets multiplied by 25% to determine the basic child support obligation. This percentage applies to combined parental income up to $183,000 (the 2024 cap, adjusted periodically). For income above this cap, courts have discretion to apply the formula or consider other factors.
Practical Takeaways for New York Residents Considering Divorce
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Understand that filing first does not provide significant legal advantages in New York, but it does establish the commencement date that determines which assets count as marital property.
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Gather financial documentation before filing, including tax returns for the past three years, bank statements, investment account records, and documentation of any business interests or intellectual property.
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Recognize that social media activity and public statements during divorce proceedings can become evidence. New York courts increasingly consider digital communications when evaluating credibility and parenting fitness.
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Consult with a qualified family law attorney before agreeing to any temporary arrangements, as these informal agreements often influence final court orders.
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If you have children, prioritize creating a stable co-parenting dynamic. New York courts evaluate each parent's willingness to facilitate the other parent's relationship with the children when making custody determinations.
Frequently Asked Questions
How long does a divorce take in New York?
Contested divorces in New York typically take 9 to 18 months from filing to final judgment. Uncontested divorces where both parties agree on all terms can conclude in approximately 3 to 4 months. The De Silva-Craig divorce timeline will depend on whether the parties reach settlement agreements or require judicial intervention on contested issues.
Does New York require separation before divorce?
New York does not require physical separation before filing for no-fault divorce. Under N.Y. Dom. Rel. Law § 170(7), the only requirement is that the marriage has been irretrievably broken for at least six months at the time the divorce judgment is entered. Couples can live under the same roof throughout the divorce process.
How does New York divide assets in a divorce?
New York follows equitable distribution under N.Y. Dom. Rel. Law § 236(B)(5), meaning marital property gets divided fairly based on 14 statutory factors. Equitable does not mean equal—courts consider marriage duration, each spouse's income and contributions, and future financial circumstances when determining fair division percentages.
What happens to reality TV income in a New York divorce?
Income earned during the marriage, including reality television compensation, constitutes marital property under New York law. Courts analyze contracts to determine what portion represents work performed during versus after the marriage. Future royalties and syndication payments tied to episodes filmed during the marriage may be subject to division.
Can divorce proceedings be kept private in New York?
New York divorce filings are generally public records, but parties can request that certain financial documents be sealed. High-profile litigants sometimes negotiate confidentiality provisions in settlement agreements to prevent disclosure of specific asset values or support amounts. However, basic filing information including party names and case numbers remains accessible.
Finding the Right Attorney for Your New York Divorce
Navigating divorce in New York requires understanding both the statutory framework and local court practices. Whether you are dealing with straightforward asset division or complex issues involving business valuations, entertainment income, or custody disputes, working with an experienced family law attorney helps protect your interests throughout the process.
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.