New Yorkers live in a global city. People fall in love across borders, marry in one place, build assets in another, and sometimes—separate with pieces of their lives scattered across the globe.
If that sounds like your situation, you’re not alone. I hear from individuals all the time who finalized their separation in another state or country, but are now wondering:
“Can I still come to New York to divide what we built together?”
The short answer: Yes—you often can. And if you live here, if your story is rooted here, or if your assets are tied to this city, New York may be the exact place to reclaim what’s rightfully yours.
Understanding Equitable Distribution in Cross-Border Relationship Endings
Under New York law, if your separation (whether formalized by divorce or not) occurred in another state or foreign country—and that process didn’t fully resolve how your assets were divided—you may be entitled to bring a new action for equitable distribution here in New York.
This is especially common in situations where only one person was involved in the original process—known legally as an ex parte action. For example, if your former partner obtained a quick divorce in Nevada or overseas without your involvement, that decree may have ended the relationship, but left critical financial matters unresolved.
New York allows you to revisit those unresolved financial issues—if the court determines it has jurisdiction.
How Does New York Decide If It Can Step In?
Jurisdiction isn’t just a technicality. It’s about connection and fairness. New York evaluates things like:
- Where you and your partner lived during the relationship
- Where the relationship was formalized (or registered)
- Whether the conflicts or breakdown occurred in New York
- Where the property in question is located or controlled
If New York has a meaningful connection to your relationship or your assets, the court can step in—even years later. (But note: there is a six-year statute of limitations from the date of the original decree, so timing matters.)
Yes, New York Can Rule on Property Located Outside New York
This is a question that often surprises people:
Can a New York court divide property that’s physically located in another state—or even another country?
Yes. When New York takes jurisdiction over a relationship-based financial dispute, it can issue orders governing all marital property, regardless of where it’s located. These orders are generally respected by other courts, including those overseas—provided there’s no conflict with that jurisdiction’s public policy.
What Happens If Both People Participated in the Original Divorce?
If both parties were involved in the original divorce or separation process and the court already ruled on the division of assets, New York typically won’t re-open that issue. U.S. courts are required to honor valid decisions from other U.S. states (this is called “Full Faith and Credit”), and often extend similar respect to international judgments under a doctrine called “Comity.”
However, if the original court explicitly declined to divide the property—or if the issue was never raised at all—New York may still have a role to play.
Empowerment Beyond Borders
If you’re feeling unsure, displaced, or like your story was rushed to conclusion without your voice being heard—know this: you may still have options.
Clarity. Confidence. Control. Divorcing parties deserve all three, where their finances and financial futures are concerned.
If you’re navigating an interstate or international relationship transition, and you’re unsure where to turn next, we invite you to schedule a consultation. Your next step forward starts here.