In New York, marriage is treated as a partnership.  Accordingly, most property acquired during a marriage is considered property of the marriage and must be divided upon divorce.  This is true even if the property is in only one spouse’s name. 

      New York follows the doctrine of equitable distribution to divide property.  In other words, the Court will do what is equitable or fair.  In deciding how to divide assets, although assets are often divided down the middle, the Court has the authority to give one party more and the other less when making its determination of what is fair.

      There are significant exceptions to the rule that property acquired during the marriage is marital property to be divided upon divorce.  Such exceptions include property acquired prior to marriage, property received through inheritance, and money received due to a personal injury claim. To remain outside of the category of marital property, these types of property must be kept separate and apart from the other spouse.  Depositing an inheritance into a joint bank account, for example, will likely be sufficient to make the inheritance marital property subject to division upon divorce.

      Other important assets that are subject to equitable distribution are pension and retirement accounts.  That portion of the asset that was acquired during the marriage will be considered a marital asset.  This rule may still be applied in the case of a couple that never legally separate or divorce, and continue to live apart for many years.

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