On April 17, 2026, Real Housewives of New York cast member Sai De Silva issued her first public statement after husband David Craig filed for divorce in New York on April 2, 2026, after nine years of marriage. Under N.Y. Dom. Rel. Law § 236, New York courts will apply equitable distribution to marital assets and the best-interests standard to custody of daughters London, 14, and son Rio, 8.
Key Facts
| Item | Detail |
|---|---|
| What happened | David Craig filed for divorce from RHONY cast member Sai De Silva |
| When | Divorce filed April 2, 2026; Silva's public statement April 17, 2026 |
| Where | New York (filed in New York County) |
| Who is affected | Sai De Silva, David Craig, daughter London (14), son Rio (8) |
| Key statute | N.Y. Dom. Rel. Law § 236 (equitable distribution) |
| Practical impact | Marital assets subject to equitable (not equal) division; custody decided under best-interests standard per N.Y. Dom. Rel. Law § 240 |
Bravo's Daily Dish reported the statement, noting Silva's focus on giving her two children "stability and love" as Season 16 filming continues mid-split.
Why This Matters Legally
This filing triggers New York's equitable distribution regime, which does not guarantee a 50/50 split. Under N.Y. Dom. Rel. Law § 236(B)(5)(d), courts weigh 14 statutory factors — including income, length of the marriage (nine years here), each spouse's contributions, custodial arrangements, and the tax consequences of any distribution — to arrive at a "fair" division. For a high-profile couple with reality-TV income, intellectual property rights, brand deals, and possible real estate in New York, that analysis can stretch 12 to 24 months before a final judgment.
The timing also matters. New York uses the commencement date of the action — here, April 2, 2026 — as the cutoff for identifying marital property under N.Y. Dom. Rel. Law § 236(B)(1)(c). Anything earned, purchased, or accumulated between the September 2017 marriage and the April 2, 2026 filing is presumptively marital, regardless of which spouse's name is on the title. Post-commencement earnings — including Silva's Season 16 paycheck and any brand deals signed after April 2 — are generally separate property and not subject to distribution.
How New York Law Handles This
New York applies a dual framework: property under N.Y. Dom. Rel. Law § 236 and custody under N.Y. Dom. Rel. Law § 240. For custody, courts apply the best-interests-of-the-child standard codified in § 240(1)(a), considering stability, each parent's ability to provide emotional and financial support, the existing primary-caregiver relationship, and — for London at age 14 — her stated preference, which carries meaningful weight although it is not dispositive.
New York also uses the Child Support Standards Act, N.Y. Dom. Rel. Law § 240(1-b), to calculate support. For two children, the presumptive guideline is 25% of combined parental income up to the 2026 cap of $183,000, with courts empowered to apply the percentage to income above the cap when the children's lifestyle, private-school tuition, or health needs justify it. With reality-TV salaries and brand income often well into seven figures, deviation above the cap is standard in celebrity New York divorces.
Spousal maintenance follows the formula in N.Y. Dom. Rel. Law § 236(B)(6). For a nine-year marriage, the advisory duration is 30% to 40% of the marriage length — so roughly 2.7 to 3.6 years of post-divorce maintenance, with the amount calculated on income up to $228,000 (the 2026 income cap), and judicial discretion above it.
The couple is also navigating a contested-but-civil split under public scrutiny. New York allows no-fault divorce under N.Y. Dom. Rel. Law § 170(7), requiring only a sworn statement that the marriage has been irretrievably broken for at least six months. This pathway is used in the vast majority of New York celebrity filings because it avoids airing grounds like adultery or cruel and inhuman treatment in public filings.
Practical Takeaways for New York Readers
- Lock in the commencement date. Under N.Y. Dom. Rel. Law § 236(B)(1)(c), the filing date freezes the marital-property class. If you are contemplating divorce and expect a large bonus, book royalty, or RSU vest, the filing date directly affects whether that asset is divisible.
- Document pre-marital and gifted assets. Separate property — inheritance, pre-marriage accounts, and third-party gifts — stays with the original owner under § 236(B)(1)(d), but only if it is traceable. Commingled funds can lose their separate character.
- Expect a 12 to 18 month timeline for contested New York divorces. Uncontested filings can close in 3 to 6 months; contested cases with custody disputes typically require preliminary conferences, neutral financial evaluators, and potentially a forensic custody evaluator under 22 NYCRR § 202.16.
- Plan around the income caps. The 2026 child-support cap is $183,000 and the maintenance cap is $228,000. If combined income exceeds either threshold, negotiate the above-cap treatment early; courts in Manhattan routinely deviate upward in high-asset cases.
- Prepare for custody stability review. A 14-year-old's expressed preference is a material factor under New York case law (Eschbach v. Eschbach, 56 N.Y.2d 167). Both parents should document consistent caregiving routines now.
- Keep children out of public commentary. Even a "bold" social statement can surface in custody disputes. New York courts weigh each parent's judgment regarding media exposure when the children are minors.
Frequently Asked Questions
FAQs
How does New York divide marital property in a divorce?
New York is an equitable distribution state under N.Y. Dom. Rel. Law § 236(B)(5), meaning courts divide marital property fairly — not necessarily 50/50. Judges weigh 14 statutory factors, including the 9-year marriage length, each spouse's income, and custodial responsibilities. Final distribution typically takes 12 to 24 months in contested cases.
What custody standard will apply to London and Rio?
New York courts apply the best-interests-of-the-child standard under N.Y. Dom. Rel. Law § 240. For a 14-year-old, the child's preference carries significant weight under Eschbach v. Eschbach, 56 N.Y.2d 167. Courts also evaluate stability, primary caregiver history, and each parent's ability to support the children's emotional and educational needs.
How is child support calculated in New York for two children?
Under the Child Support Standards Act, N.Y. Dom. Rel. Law § 240(1-b), the presumptive guideline for two children is 25% of combined parental income. The 2026 income cap is $183,000, with courts able to apply the percentage above the cap when justified by the children's lifestyle, private school, or health needs.
How long will spousal maintenance last for a 9-year marriage?
Under N.Y. Dom. Rel. Law § 236(B)(6), advisory maintenance duration is 30% to 40% of the marriage length. For a 9-year marriage, that equals roughly 2.7 to 3.6 years of post-divorce maintenance. Amounts are calculated on income up to the 2026 cap of $228,000, with judicial discretion applying above that threshold.
What is the filing date's significance in a New York divorce?
The commencement date — here, April 2, 2026 — establishes the cutoff for marital property under N.Y. Dom. Rel. Law § 236(B)(1)(c). Assets earned before that date are presumptively marital; post-filing income is generally separate property. This date also starts the clock for statutory deadlines governing financial disclosures and preliminary conferences.
Talk to a New York Family Law Attorney
If you are navigating a divorce in New York with children, high-value assets, or income above the statutory caps, speak with a family law attorney who handles equitable distribution and custody cases in your county. Every jurisdiction from Manhattan to Erie County applies the same statutes, but local practice varies.
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.