If a country club membership was paid for with marital funds, it is generally treated as marital property in a New York divorce, which means its value is part of what the spouses divide. Whether it is a golf course, a tennis club, or a social club, deciding who keeps it depends on the club’s own rules and on what the membership is worth. And, for many people, it represents a real financial investment and years of social connection, which is why it deserves more attention than couples often give it.
Reviewing the Membership Terms
The first step is to review the membership agreement. Many clubs have specific rules about how a membership is handled when a couple divorces.
- Some clubs assign the membership to the primary member and will not let a non-primary member keep or transfer it.
- Others may allow the non-primary spouse to apply for their own membership, but only with the club’s approval and the primary member’s consent.
- In some cases, a club will not permit both former spouses to remain members at the same time.
Understanding the club’s policies early gives you an idea of what your options are before you negotiate.
Considering How Much the Membership Matters to You
If you have a club membership, it is worth taking time to consider how important keeping it really is to you. If it is a priority, make sure your divorce attorney knows that from the start. It is also worth being honest about whether you can carry the dues and obligations on your own income after the divorce.
Is a Country Club Membership Marital Property?
Beyond who is eligible to keep the membership, its financial value matters. If the initiation fees and ongoing dues were paid with marital funds, the membership may be considered marital property under New York’s equitable distribution law.
If one spouse wants to keep it, they may need to compensate the other for their share of the financial investment. That can take the form of a direct payment or an adjustment elsewhere in the division of marital assets. How that fits into the larger settlement is part of the same process that governs every other asset, which we cover in our guide on How Assets Are Divided in a New York Divorce.
Addressing Future Use and Club Rules
If both spouses intend to stay involved with the club, it helps to settle how future interactions will work before the divorce is final. Key questions include:
- If and when new partners can be brought to the club.
- How costs for the children’s use of the club will be shared.
Putting these details in the divorce agreement prevents misunderstandings and conflict later on, especially if you continue to see each other at the club.
Frequently Asked Questions
Is a country club membership marital property in New York?
If the initiation fees and dues were paid with marital funds, the membership is generally marital property and its value is part of what the spouses divide.
Can both spouses keep the membership after a divorce?
Sometimes, but it depends entirely on the club. Some clubs allow it, some require a separate application and approval, and some do not permit both former spouses to remain members.
Who keeps the membership if it is in one spouse’s name?
The name on the membership is a starting point, not the final answer. The club’s transfer rules and the financial value both factor into who keeps it and how the other spouse is compensated.
What happens to the dues and obligations?
The spouse who keeps the membership generally takes on the ongoing dues, which is why it is worth confirming you can afford them on your own before you negotiate to keep it.
Protecting Your Interests
For many people, a private country or golf club membership is a meaningful part of their life, carrying both financial value and emotional significance. Dividing it well takes an understanding of the club’s rules, the membership’s value, and how it fits into the rest of the settlement. If you are working through a divorce and want to understand your options, schedule a consultation with our team. If you would rather begin by organizing your full financial picture, our Divorce Financial Checklist is a practical first step.