Equitable distribution
New York State is an equitable distribution state, not an equal distribution state. Our state laws also consider a marriage to be an economic partnership. The New York State divorce process divides everything that is considered marital property.
Separate property is excluded from this process. Separate property includes all property held prior to and at the time of your marriage, property acquired by inheritance, provided you have not put such property into joint name, proceeds from personal injury claims, and gifts from third parties to one spouse alone.
Marital property includes everything that you have acquired from the date of your marriage until you file for divorce or sign a legal separation agreement, regardless of title, including your earnings, pension contributions, and businesses developed. The portion of any such property to be distributed to the non – titled spouse varies entirely upon the equities of each unique situation.
Separate property is excluded from this process. Separate property includes all property held prior to and at the time of your marriage, property acquired by inheritance, provided you have not put such property into joint name, proceeds from personal injury claims, and gifts from third parties to one spouse alone.
Marital property includes everything that you have acquired from the date of your marriage until you file for divorce or sign a legal separation agreement, regardless of title, including your earnings, pension contributions, and businesses developed. The portion of any such property to be distributed to the non – titled spouse varies entirely upon the equities of each unique situation.
