Is reality television income marital property in New York?

Yes. Under N.Y. Dom. Rel. Law § 236(B)(1)(c), all income earned during the marriage — including reality TV salaries, brand partnerships, and social media revenue — is presumptively marital property. Earnings between the 2017 wedding and April 2, 2026 commencement date are subject to equitable distribution.

How long does a contested divorce take in New York?

Contested New York divorces typically take 12 to 24 months from filing to judgment, while uncontested cases resolve in 3 to 6 months. The minimum statutory period under N.Y. Dom. Rel. Law § 170(7) requires only that the marriage be irretrievably broken for 6 months before filing.

Will the children's custody be decided by their preferences?

Not solely. Under N.Y. Dom. Rel. Law § 240, courts apply the best-interests-of-the-child standard. A 14-year-old's preference carries significant weight but is not binding. Courts may appoint an attorney for the child and consider factors including stability, parental fitness, and each parent's involvement.

How is spousal maintenance calculated for a 9-year marriage in New York?

Under N.Y. Dom. Rel. Law § 236(B)(6), the post-2015 guideline range suggests maintenance duration of 30% to 40% of the marriage length — approximately 2.7 to 3.6 years for a 9-year marriage. The 2026 income cap for the formula is $228,000, with discretionary deviation above that threshold.

Does New York require fault grounds to file for divorce?

No. Since October 12, 2010, New York permits no-fault divorce under N.Y. Dom. Rel. Law § 170(7). A spouse needs only to swear that the marriage has been irretrievably broken for at least 6 months. Fault grounds remain available but are rarely pursued today because they prolong litigation without affecting equitable distribution.

RHONY Star Sai De Silva's Husband Files NYC Divorce After 9 Years

On April 2, 2026, David Craig filed for divorce from Real Housewives of New York star Sai De Silva in New York County Supreme Court, ending their 9-year marriage. Under N.Y. Dom. Rel. Law § 236(B), the couple's marital assets accumulated since their 2017 wedding — including De Silva's RHONY earnings from Seasons 15 and 16 — will be subject to equitable distribution, while custody of their children London (14) and Rio (8) will be governed by the best-interests standard under N.Y. Dom. Rel. Law § 240.

Key Facts

Detail	Information
What happened	David Craig filed for divorce from Sai De Silva
When	April 2, 2026 (filing date per TMZ)
Where	New York County Supreme Court (Manhattan)
Who's affected	Sai De Silva (45, RHONY cast member), David Craig, children London (14) and Rio (8)
Key statute	N.Y. Dom. Rel. Law § 236(B) — equitable distribution
Marriage length	9 years (married 2017, met in Costa Rica 2009)
Practical impact	Marital property subject to equitable (not equal) division; custody under best-interests standard

Why This Matters Legally

This filing illustrates how New York's equitable distribution framework treats long-term marriages with substantial entertainment income. Under N.Y. Dom. Rel. Law § 236(B)(5)(d), New York courts analyze 14 statutory factors when dividing marital property, including the duration of the marriage, each spouse's income and property, the contributions of each party (including as homemaker), and the future financial circumstances of each party.

Because De Silva and Craig married in 2017, their 9-year union qualifies as a medium-length marriage under New York case law. Courts typically afford greater weight to direct and indirect contributions in marriages exceeding 7 years. De Silva's reality television income from Bravo's RHONY — which she joined for Season 15 in 2024 — accumulated entirely during the marriage and presumptively constitutes marital property under N.Y. Dom. Rel. Law § 236(B)(1)(c).

New York is one of only three states (alongside South Dakota and Mississippi) that abolished common-law marriage but recognized it in narrow historical contexts. The couple's 8-year relationship before marriage (they met in Costa Rica in 2009) does not extend the marital property window. Only assets acquired between the 2017 wedding and the April 2, 2026 commencement date fall within the marital estate.

How New York Law Handles This

New York applies a no-fault divorce standard codified at N.Y. Dom. Rel. Law § 170(7), which permits dissolution upon a sworn statement that the marriage has been irretrievably broken for at least six months. New York adopted no-fault divorce on October 12, 2010, becoming the final state to do so.

For equitable distribution, New York courts follow a three-step analysis:

Identify all assets and classify them as marital or separate property under N.Y. Dom. Rel. Law § 236(B)(1)(c)-(d)
Value the marital assets as of either the commencement date or trial date (court's discretion)
Distribute the marital estate equitably — which means fairly, not necessarily equally

For child custody involving London (14) and Rio (8), New York courts apply the best-interests-of-the-child standard under N.Y. Dom. Rel. Law § 240. The 2021 amendments removed the term "custody" in favor of "parental access" and "decision-making authority," though many practitioners still use the older terminology. Children aged 14 and older may have their preferences considered, though the court is not bound by them.

Child support follows the Child Support Standards Act under N.Y. Dom. Rel. Law § 240(1-b), which applies fixed percentages to combined parental income up to $183,000 (the 2026 statutory cap). For two children, the basic support obligation equals 25% of combined parental income, allocated proportionally between parents based on their respective incomes.

Spousal maintenance for a 9-year marriage falls within the post-2015 statutory guideline range under N.Y. Dom. Rel. Law § 236(B)(6), which suggests a duration of 30% to 40% of the marriage length — approximately 2.7 to 3.6 years for this couple.

Practical Takeaways

File first or file fast: The commencement date sets the cutoff for marital property accumulation. If you delay filing while your spouse continues earning, those earnings may still be marital property in New York (unlike some community property states).
Document separate property meticulously: Pre-marital assets, gifts, and inheritances remain separate property under N.Y. Dom. Rel. Law § 236(B)(1)(d) — but only if you can trace them. Commingling separate funds with marital accounts can convert them to marital property.
Understand income from public-facing careers: Reality television contracts, brand partnerships, and influencer income earned during the marriage are marital property in New York. Future earnings under contracts signed during the marriage may also be partially marital.
Prioritize custody arrangements early: New York's Dom. Rel. Law § 240 requires courts to weigh the child's stability. Establishing a workable parenting schedule before contested litigation usually produces better outcomes than judicial imposition.
Consider mediation before litigation: New York's Matrimonial Rules encourage alternative dispute resolution. Mediated settlements typically resolve in 4-8 months versus 18-24 months for contested litigation, with significantly lower costs.
Address child support cap implications: For combined parental income above $183,000, courts have discretion to apply the percentage formula or deviate. High-income earners should expect arguments about both directions.

Frequently Asked Questions

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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.