On April 2, 2026, David Craig filed for divorce from Real Housewives of New York City star Sai De Silva in New York after nine years of marriage, per TMZ. The filing comes weeks after Bravo confirmed Sai's return for RHONY Season 16, and triggers New York's equitable distribution rules under N.Y. Dom. Rel. Law § 236 governing marital property, custody of the couple's two children (ages 14 and 8), and potential spousal maintenance.
Key Facts
| Item | Details |
|---|---|
| What happened | David Craig filed for divorce from Sai De Silva |
| When | April 2, 2026 |
| Where | New York (jurisdiction based on marital residence) |
| Who's affected | Sai De Silva (RHONY cast), David Craig, two children (London, 14; Rio, 8) |
| Key statute | N.Y. Dom. Rel. Law § 236(B) — equitable distribution + maintenance |
| Marriage length | 9 years (long-enough for maintenance presumption under DRL § 236(B)(6)) |
| Practical impact | Equitable distribution of marital assets; custody determined under best-interests standard |
Why This Matters Legally
This filing converts a private marriage into a public legal proceeding governed by New York's statutory framework. Under N.Y. Dom. Rel. Law § 170, New York recognizes seven grounds for divorce, including the no-fault ground of irretrievable breakdown for at least six months — the path most high-profile New York divorces now follow since 2010. A filing by one spouse triggers immediate statutory protections: automatic orders under 22 NYCRR § 202.16-a restrain both parties from transferring, encumbering, or dissipating marital assets, canceling insurance, or removing children from the state without consent or court order.
For a public figure like Sai De Silva, whose image, brand deals, and RHONY compensation all likely accrued during the marriage, these automatic orders have real teeth. New York courts have consistently held in cases like Elkus v. Elkus, 169 A.D.2d 134 (1st Dep't 1991), that career-based intangibles developed during marriage can constitute marital property subject to equitable distribution. The timing — weeks before Season 16 filming — places the 2026 earnings squarely within the marriage-to-filing window that courts scrutinize closely.
How New York Law Handles This
New York is an equitable distribution state, not a community property state. Under N.Y. Dom. Rel. Law § 236(B)(5), marital property acquired during the marriage is divided equitably — meaning fairly, not necessarily 50/50. Courts weigh 14 statutory factors including each spouse's income and property at the time of marriage and commencement of the action, the duration of the marriage, the age and health of both parties, custodial arrangements, and the non-monetary contributions of a homemaker spouse.
For a nine-year marriage with two minor children, three legal frameworks dominate:
Equitable Distribution of Marital Property
Assets acquired between the 2017 wedding date and the April 2, 2026 commencement date are presumptively marital. This typically includes real estate, retirement accounts funded during the marriage, business interests, and earnings. Separate property — assets owned before marriage, inheritances, and gifts from third parties — remains with the owning spouse under N.Y. Dom. Rel. Law § 236(B)(1)(d), though appreciation can become marital if the non-owning spouse contributed to it.
Child Custody Under the Best Interests Standard
New York uses the best interests of the child standard set in Eschbach v. Eschbach, 56 N.Y.2d 167 (1982). Courts evaluate each parent's ability to provide stability, the child's relationship with each parent, the home environment, and the child's own preferences if of suitable age and maturity. A 14-year-old's wishes carry substantial weight, though they are not dispositive. Joint legal custody is common in New York when both parents are fit; physical custody arrangements vary from primary residence with one parent to true 50/50 schedules.
Spousal Maintenance
Under N.Y. Dom. Rel. Law § 236(B)(6), post-divorce maintenance is calculated using a statutory formula when the payor's income is up to $228,000 (2024 cap, adjusted periodically). For marriages of 9 years, the advisory duration is 15% to 30% of the length of the marriage — roughly 16 to 32 months. Courts can deviate based on the 15 statutory factors, including earning capacity disparities and the standard of living established during the marriage.
Practical Takeaways for New York Residents
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File first only when it matters strategically. In New York, the spouse who files first gets to be the plaintiff, but because New York is no-fault, this rarely affects outcomes on property or custody. It can matter for choice of county and the ability to request immediate pendente lite relief.
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Preserve documentation from day one. Under the automatic orders in 22 NYCRR § 202.16-a, neither spouse may dissipate assets. Photograph valuables, download account statements for the 36 months before filing, and preserve communication records.
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Understand that income earned during filming is marital. If you are compensated for work performed before the commencement date, that compensation is marital property even if paid later. Document your contract dates carefully.
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Custody does not automatically go to the primary earner or the primary caregiver. New York courts weigh 12+ best-interests factors. A reality TV schedule, extensive travel, or filming commitments can affect parenting-time schedules without automatically shifting custody.
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Consider a collaborative or mediated process. Under N.Y. Dom. Rel. Law § 170(7), irretrievable breakdown divorces frequently resolve through negotiated stipulations of settlement, avoiding trial. For public figures, this keeps financial details out of the public record.
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Retain counsel early. New York requires a statement of net worth within 20 days of a request under 22 NYCRR § 202.16(b). Missing this deadline can create waiver arguments and procedural defaults.
Frequently Asked Questions
Is New York a 50/50 divorce state?
New York is an equitable distribution state, not a community property state. Under N.Y. Dom. Rel. Law § 236(B)(5), marital property is divided fairly based on 14 statutory factors — not automatically 50/50. Only 9 US states use community property rules.
How long does a divorce take in New York?
Uncontested New York divorces typically finalize in 3 to 6 months after filing. Contested divorces involving custody, business valuations, or significant assets commonly take 12 to 24 months. The six-month irretrievable breakdown period under N.Y. Dom. Rel. Law § 170(7) must elapse before final judgment.
Does a 9-year marriage qualify for spousal maintenance in New York?
Yes. Under N.Y. Dom. Rel. Law § 236(B)(6), post-divorce maintenance is available regardless of marriage length if an income disparity exists. For a 9-year marriage, the advisory duration is 15% to 30% of marriage length — roughly 16 to 32 months of payments.
Can TV or brand income earned during filming be marital property?
Yes. New York courts treat income earned during the marriage as marital property under N.Y. Dom. Rel. Law § 236(B)(1)(c). Compensation for work performed before the April 2, 2026 commencement date is marital even if the check arrives later. Career-based intangibles can also be distributed per Elkus v. Elkus (1991).
Who decides custody when divorcing parents disagree in New York?
The court decides, applying the best interests of the child standard from Eschbach v. Eschbach, 56 N.Y.2d 167 (1982). Judges weigh 12+ factors including stability, each parent's fitness, and the child's preferences. Children 14 and older — like London, 14 — have preferences that carry substantial weight in court.
Talk to a New York Divorce Attorney
If you are facing a divorce in New York and have questions about equitable distribution, custody, or spousal maintenance, find an exclusive New York divorce attorney in your county through 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.