News & Commentary

RHONY Star Sai De Silva Divorce Filed April 2026: NY Legal Analysis

David Craig filed for divorce from RHONY's Sai De Silva in Manhattan on April 2, 2026. NY equitable distribution analysis under DRL § 236.

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 Manhattan Supreme Court after nine years of marriage, according to TMZ. The couple shares two minor children, and the filing unfolds as RHONY films Season 16, placing the split under New York's equitable distribution regime governed by N.Y. Dom. Rel. Law § 236.

Key Facts

ItemDetail
What happenedDavid Craig filed for divorce from Sai De Silva
WhenApril 2, 2026
WhereManhattan Supreme Court, New York County
Who's affectedCouple plus two minor children (London, age 14; Rio, age 8)
Marriage length9 years
Key statuteN.Y. Dom. Rel. Law § 236(B) (equitable distribution)
ContextRHONY Season 16 actively filming during the split

Why This Matters Legally

This filing places a high-profile celebrity divorce squarely inside New York's equitable distribution system, which divides marital property based on fairness rather than an automatic 50/50 split. Under N.Y. Dom. Rel. Law § 236(B)(5), New York courts weigh 14 statutory factors before dividing marital assets, meaning a nine-year marriage with two children and one spouse holding a public television role creates distinct valuation and custody questions.

The timing matters because New York became a no-fault divorce state on October 12, 2010, when DRL § 170(7) took effect. David Craig can file citing an irretrievable breakdown of at least six months without alleging wrongdoing, which has been the dominant filing basis in New York for over 15 years. The grounds question is settled; the real legal battles will center on property division, custody, and support.

Celebrity income complicates equitable distribution because reality TV contracts, social media revenue, brand partnerships, and image rights often qualify as marital property when earned during the marriage. New York courts have repeatedly treated enhanced earning capacity and business goodwill as distributable assets since the Court of Appeals decision in O'Brien v. O'Brien, 66 N.Y.2d 576 (1985).

How New York Law Handles This

New York applies three core statutory frameworks to a divorce like this one. N.Y. Dom. Rel. Law § 236(B)(5)(d) governs equitable distribution of marital property, which includes all assets acquired from the date of marriage through commencement of the divorce action. Separate property, defined as assets owned before marriage or received by inheritance or gift, remains with the original owner.

Child custody decisions fall under N.Y. Dom. Rel. Law § 240, which directs courts to decide custody based on the best interests of the child. There is no presumption favoring either parent. For children London (born 2011) and Rio (born 2017), a Manhattan judge will consider each parent's caregiving history, work schedules, home stability, and, where age-appropriate, the children's own preferences.

Child support in New York follows the Child Support Standards Act codified at N.Y. Dom. Rel. Law § 240(1-b). The non-custodial parent pays a percentage of combined parental income: 17% for one child, 25% for two children, 29% for three. With two children, the presumptive support amount is 25% of combined parental income up to the statutory cap, which adjusted to $183,000 effective March 1, 2026. Courts may apply the percentage to income above the cap based on the 10 statutory factors.

Spousal maintenance is calculated under N.Y. Dom. Rel. Law § 236(B)(6) using a formula tied to income differential and marriage length. For a nine-year marriage, the advisory duration guideline recommends maintenance lasting 30% to 40% of the marriage length, meaning roughly 2.7 to 3.6 years of post-divorce support, subject to judicial discretion.

Practical Takeaways

  1. File first when it helps venue and strategy. David Craig filed in Manhattan Supreme Court, which is appropriate because New York requires the filing spouse or both spouses to meet residency requirements under DRL § 230, typically one year of continuous residence.
  2. Document income sources early. Reality TV contracts, brand deals, and social media income can shift monthly, so capture contract terms, payment dates, and 1099 records before the litigation starts.
  3. Address children in writing first. New York courts favor parents who present a workable parenting plan under DRL § 240 rather than leaving custody entirely to the judge.
  4. Value the business interests. Any production company, LLC, or brand entity formed during the marriage is presumptively marital property under DRL § 236(B)(1)(c) and requires professional valuation.
  5. Expect automatic orders. Upon filing, New York imposes automatic orders under 22 NYCRR § 202.16-a freezing asset transfers, insurance changes, and relocation of minor children without consent or court approval.
  6. Consider a confidentiality stipulation. Public filings in New York County become accessible through the court system, so negotiate sealing or confidentiality language for financial disclosures when a public profile is involved.

Frequently Asked Questions

Is New York a 50/50 divorce state?

No. New York is an equitable distribution state under N.Y. Dom. Rel. Law § 236(B)(5), meaning marital property is divided fairly based on 14 statutory factors including marriage length, income, and contributions. A nine-year marriage does not automatically produce an equal split, though courts often approach 50/50 for long-term marriages.

How long does a divorce take in New York?

An uncontested New York divorce typically takes 3 to 6 months from filing to judgment. Contested divorces involving custody and asset disputes average 9 to 18 months, and complex celebrity cases can extend beyond 2 years. The mandatory waiting period after filing no-fault grounds under DRL § 170(7) is six months.

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

New York's Child Support Standards Act at N.Y. Dom. Rel. Law § 240(1-b) sets two-child support at 25% of combined parental income up to the $183,000 cap effective March 1, 2026. Courts may apply the percentage above the cap after evaluating 10 statutory factors including lifestyle and educational needs.

Can a reality TV contract be divided in a New York divorce?

Yes. Income and residuals earned during the marriage under a reality TV contract are marital property subject to equitable distribution under N.Y. Dom. Rel. Law § 236(B)(1)(c). Future earnings from contracts signed before filing may also be partially divisible if the value accrued during the marriage.

What are New York's automatic orders in a divorce?

Under 22 NYCRR § 202.16-a, New York automatically imposes four restraining orders the moment a divorce is filed: no transferring marital assets, no changing insurance beneficiaries, no incurring unreasonable debts, and no relocating children without consent or court approval. Violations can trigger contempt findings and sanctions.

Finding Help in New York

Divorce cases involving minor children, business interests, and public profiles require experienced New York matrimonial counsel familiar with Manhattan Supreme Court practice. If you are navigating a similar situation, our New York attorney directory connects you with vetted family law attorneys across the state.

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

Is New York a 50/50 divorce state?

No. New York is an equitable distribution state under N.Y. Dom. Rel. Law § 236(B)(5), meaning marital property is divided fairly based on 14 statutory factors including marriage length and income. A nine-year marriage does not automatically produce an equal split.

How long does a divorce take in New York?

An uncontested New York divorce typically takes 3 to 6 months from filing to judgment. Contested divorces average 9 to 18 months, and complex celebrity cases can extend beyond 2 years. The mandatory waiting period under DRL § 170(7) is six months.

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

New York's Child Support Standards Act at DRL § 240(1-b) sets two-child support at 25% of combined parental income up to the $183,000 cap effective March 1, 2026. Courts may apply the percentage above the cap after evaluating 10 statutory factors.

Can a reality TV contract be divided in a New York divorce?

Yes. Income and residuals earned during the marriage under a reality TV contract are marital property subject to equitable distribution under N.Y. Dom. Rel. Law § 236(B)(1)(c). Future earnings from contracts signed before filing may also be partially divisible.

What are New York's automatic orders in a divorce?

Under 22 NYCRR § 202.16-a, New York automatically imposes four restraining orders at filing: no transferring marital assets, no changing insurance beneficiaries, no incurring unreasonable debts, and no relocating children without consent. Violations trigger contempt findings.

Written By

Antonio G. Jimenez, Esq.

Florida Bar No. 21022 | Covering New York divorce law