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Dividing property during a divorce is one of the most important financial aspects of the process. In New York, marital property is divided according to the rules of equitable distribution. Unlike in community property states, where assets are split 50/50, New York’s approach aims to divide property fairly based on several factors.
While equitable distribution often results in an equal division of assets, it does not guarantee a perfect split. Instead, courts consider the specific details of each marriage to determine a just and reasonable distribution.
What Is Marital Property Under New York Law?
Before determining how assets will be divided, it is important to understand what counts as marital property and what remains separate property. Marital property includes assets acquired by either spouse during the marriage, regardless of who earned or purchased them. This includes:
- Income earned during the marriage
- Real estate purchased together
- Retirement accounts and pensions accrued while married
- Business interests started or expanded during the marriage
- Investment portfolios and stocks
- Vehicles, jewelry, and personal property purchased with marital funds
- Debts incurred during the marriage
Separate property includes:
- Assets acquired before the marriage
- Gifts or inheritances received by one spouse individually
- Compensation from personal injury claims (excluding lost wages)
- Property designated as separate in a prenuptial or postnuptial agreement
However, separate property can become marital property if commingled—for example, if an inheritance is deposited into a joint account or if a spouse contributes to the increase in value of a separate asset.
How Does the Court Determine What to Distribute?
New York courts aim for fairness, not necessarily equality. In long-term marriages, most assets are often distributed equally, regardless of which spouse contributed more financially. However, some assets, such as business interests or actively managed investments, may be treated differently.
To determine a fair division, courts consider several key factors:
- The length of the marriage
- Each spouse’s income and financial contributions
- The age and health of both spouses
- The future financial needs of each spouse
- Contributions as a homemaker or caregiver
- Whether one spouse wasted or transferred assets before the divorce
- The value of pensions and retirement benefits
- Any spousal support obligations
Each divorce is unique, and judges weigh these factors based on the specific circumstances of the marriage.
Challenges in Dividing Business Interests and Investments
Not all assets are easily divided. Business interests and actively managed investments require careful valuation, and courts take extra steps when determining how to distribute them.
If a business is started or significantly grows during the marriage, the non-owning spouse may be entitled to a portion of its value. However, if the business existed before the marriage but increased in value due to the efforts of both spouses, a portion of that growth could be considered marital property.
In these cases, courts may:
- Order a buyout, where the owning spouse compensates the other for their share
- Divide business profits instead of the business itself
- Allow both spouses to retain ownership if practical
Similarly, investments require careful analysis. Actively managed portfolios may be divided based on their growth during the marriage, while passive investments could remain separate if acquired before the marriage.
Proving Separate Property Claims
If you believe certain assets should remain separate property, it is important to provide documentary evidence. This can include:
- Financial records showing an asset was purchased before marriage
- Proof that a gift or inheritance was received individually
- Clear records that separate property was never commingled with marital funds
Establishing separate property claims can be a critical factor in seeking a division of assets that is not fully equal. An experienced divorce attorney can help gather the necessary evidence to protect your financial interests.
Finalizing the Division of Assets
Once assets have been classified and valued, spouses may reach an agreement through negotiation or court intervention. Many couples prefer mediation or collaborative divorce to maintain control over the process rather than leaving decisions up to a judge.
If an agreement cannot be reached, the court will determine a final distribution based on New York’s equitable distribution principles. In many cases, each spouse walks away with a fair share of the marital estate, though the exact terms depend on the specific circumstances of the marriage.
Protecting Your Financial Future
Property division during a divorce can be complex, especially when dealing with business assets, investments, and separate property claims. Careful planning is required to ensure that assets are fairly divided while protecting one’s financial future.
At Aiello & DiFalco, we help clients understand their rights and options under New York’s equitable distribution laws. Whether you need assistance valuing assets, proving separate property claims, or negotiating a fair settlement, we are here to guide you through the process. Contact us today to discuss your case.