News & Commentary

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

David Craig filed for divorce from RHONY star Sai De Silva on April 2, 2026 in NYC. Analysis of NY equitable distribution and custody law.

By Antonio G. Jimenez, Esq.New York6 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 County Supreme Court after nearly nine years of marriage, according to TMZ. The couple shares two children — London (14) and Rio (8) — and the split will be governed by New York's equitable distribution regime under N.Y. Dom. Rel. Law § 236(B), which divides marital property fairly rather than equally.

Key Facts

DetailInformation
What happenedDavid Craig filed for divorce from Sai De Silva, listing himself as plaintiff
WhenApril 2, 2026
WhereNew York County Supreme Court (Manhattan)
Who's affectedSai De Silva, David Craig, and their two children (London, 14; Rio, 8)
Marriage lengthNearly 9 years
Key statuteN.Y. Dom. Rel. Law § 236(B) — equitable distribution
Practical impactDivorce unfolding mid-filming of RHONY Season 16

Why this matters legally

This filing places the De Silva-Craig divorce squarely within New York's equitable distribution framework, which treats marital assets as subject to fair division based on more than a dozen statutory factors rather than an automatic 50/50 split. Under N.Y. Dom. Rel. Law § 236(B)(5)(d), courts must consider the income and property of each party, the duration of the marriage, the age and health of both spouses, and the loss of inheritance and pension rights, among other factors. A nine-year marriage with two minor children and a publicly visible career creates a complex valuation picture, particularly when one spouse derives income from reality television, brand partnerships, and image-based revenue streams.

The filing order matters less in New York than many people assume. New York adopted no-fault divorce in 2010 under N.Y. Dom. Rel. Law § 170(7), allowing either spouse to file based on an irretrievable breakdown of the marriage for at least six months. The plaintiff designation does not give David Craig a strategic advantage on property division or custody — the substantive analysis is identical regardless of who files first. What filing first does provide is the choice of venue (in this case, New York County) and the ability to set the procedural pace early.

How New York law handles this

New York courts will apply equitable distribution to all property acquired during the marriage between the wedding date and the commencement of the divorce action. Under N.Y. Dom. Rel. Law § 236(B)(1)(c), marital property includes all assets acquired by either spouse during the marriage regardless of title, while separate property — assets owned before marriage, inheritances, and gifts from third parties — remains with the original owner. For couples with entertainment income, courts often analyze brand value, intellectual property rights, and ongoing endorsement contracts as part of the marital estate.

Child custody in New York is decided under the best interests of the child standard codified in N.Y. Dom. Rel. Law § 240. New York courts evaluate the quality of each parent's home environment, the parental guidance each parent provides, the financial status of each parent, the ability of each parent to provide for the child's emotional and intellectual development, and any history of domestic violence. Children aged 14 and older — like London — may have their preferences considered, though the court is not bound by them. Joint legal custody is increasingly the default presumption when parents can communicate effectively about major decisions.

Child support follows the Child Support Standards Act under N.Y. Dom. Rel. Law § 240(1-b), which applies a percentage formula to combined parental income up to a statutory cap (currently $183,000 in combined parental income for 2026). For two children, the basic support obligation is 25 percent of combined parental income, allocated proportionally to each parent's share. Above the cap, courts have discretion to apply the percentage to additional income or deviate based on the children's actual needs and the parents' lifestyle during the marriage.

Spousal maintenance — what New York calls alimony — is governed by N.Y. Dom. Rel. Law § 236(B)(6). For marriages of 0-15 years, the advisory duration is 15-30 percent of the marriage length. A nine-year marriage would suggest maintenance of 16-32 months under the guideline, though courts retain discretion to deviate based on factors like the standard of living during the marriage, the earning capacity of each spouse, and the presence of minor children.

Practical takeaways

  1. File location matters less than substance. In New York, being the plaintiff or defendant does not change how courts analyze property division, custody, or support. Focus on documentation and preparation rather than racing to file.
  2. Document the marital estate now. Under N.Y. Dom. Rel. Law § 236(B)(4), both parties must exchange a sworn Statement of Net Worth listing all assets, debts, income, and expenses within 20 days of the preliminary conference. Begin gathering tax returns, bank statements, brokerage records, and business valuations early.
  3. Consider the children's stability framework first. New York courts give significant weight to which parent has been the primary caregiver and which arrangement maintains continuity in schools, friendships, and routines. Sai's emphasis on stability for her children reflects the legal standard courts actually apply.
  4. Understand the maintenance formula. For a 9-year marriage, expect approximately 16-32 months of spousal maintenance under New York guidelines, calculated based on the income disparity between spouses up to a $228,000 income cap (2026 figure).
  5. Protect privacy through procedural choices. New York permits divorce records to be sealed under specific circumstances, and parties can elect to use private mediation or collaborative divorce to keep sensitive financial details out of public court filings.
  6. Plan for the no-fault waiting period. Under N.Y. Dom. Rel. Law § 170(7), the marriage must have been irretrievably broken for at least six months before a court will grant a no-fault divorce, even if both parties consent.

Frequently Asked Questions

Ready to understand how New York divorce law applies to your situation? Browse our New York divorce attorney directory to find an exclusive family law attorney in your county, or read our comprehensive New York divorce guide for state-specific guidance on equitable distribution, custody, and support.

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

Does it matter who files for divorce first in New York?

Filing first in New York provides minimal substantive advantage. Under N.Y. Dom. Rel. Law § 236(B), equitable distribution and custody analysis is identical regardless of plaintiff designation. The first filer chooses venue and sets the initial procedural timeline, but the six-month no-fault waiting period applies equally to both spouses.

How is property divided in a New York divorce after a 9-year marriage?

New York applies equitable distribution under N.Y. Dom. Rel. Law § 236(B)(5), dividing marital property fairly rather than equally. Courts weigh 14 statutory factors including marriage length, income disparity, and contributions to the marriage. A 9-year marriage typically results in substantial division of assets acquired between the wedding date and divorce filing.

How long does spousal maintenance last in New York for a 9-year marriage?

For marriages lasting 0-15 years, New York's advisory guideline under N.Y. Dom. Rel. Law § 236(B)(6) suggests maintenance of 15-30 percent of marriage length. A 9-year marriage typically generates 16-32 months of spousal maintenance, calculated on income up to $228,000 for 2026, with judicial discretion to deviate.

What custody arrangement do New York courts typically order for children ages 8 and 14?

New York courts apply the best interests standard under N.Y. Dom. Rel. Law § 240, often awarding joint legal custody when parents communicate effectively. Children aged 14 and older may express preferences that courts consider but are not bound by. Primary residential custody usually goes to the parent providing greater day-to-day caregiving.

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

Under N.Y. Dom. Rel. Law § 240(1-b), child support for two children equals 25 percent of combined parental income up to the 2026 statutory cap of $183,000. The non-custodial parent pays their proportional share. Above the cap, courts have discretion to apply the percentage or deviate based on actual needs.

Written By

Antonio G. Jimenez, Esq.

Florida Bar No. 21022 | Covering New York divorce law