Equitable Distribution, Marital Property and Separate (Non-Marital) Property

What does equitable distribution mean?

Under New York Law, marital property is divided between the husband and wife. This is known as equitable distribution. However, separate (non-marital) property is not divided.

What is marital property?

All property acquired during the marriage is considered marital property. Please note this typically includes pensions, retirement accounts, real property and autos.

What is separate (non-marital) property?

All property owned before the marriage or after a legal separation is considered separate (non-marital) property. Other forms of separate (non-marital) property include: an inheritance or a personal injury payment. Also, a gift from someone other than the spouse is considered separate (non-marital) property. Separate (non-marital) property is not divided between the husband and wife.

New York Divorce Law is complicated so you should meet with an experienced divorce lawyer – even if you think your divorce will be easy or straightforward. The Underwood Law Firm is one of the few firms in the Syracuse area that offers free consultations on Divorce & Family Law so that everyone has an opportunity to speak with an experienced attorney about their case.

The Underwood Law Firm handles all aspects of family law including adoption, child custody, child support, separation and divorce cases in the following areas: Syracuse, Utica, Albany, Watertown, Oswego, Binghamton; Onondaga County and Madison County, including the towns, cities and villages of: Fayetteville, Manlius, DeWitt, Morrisville, Cicero, Liverpool, East Syracuse, Syracuse, Baldwinsville, Camillus, Clay, Fabius, Elbridge, Geddes, Jordan, Lafayette, Lysander, Marcellus, Minoa, North Syracuse, Otisco, Pompey, Salina, Skaneateles, Spafford, Tully, Van Buren, Eaton, Cazenovia, Canastota, Brewerton, Solvay, Central Square, Cato, Chittenango, Oneida and many other areas.

Updated: 2/05/18