Dividing property in a divorce can feel overwhelming, especially when you’re not sure what counts as “marital” property. In New York, the law splits certain assets between spouses. Understanding what qualifies can help you prepare and avoid surprises.
What counts as marital property?
Marital property includes most assets you or your spouse gained during the marriage. It doesn’t matter whose name is on the title or who made the purchase. If it happened after your wedding and before you separated, chances are it’s marital. This includes homes, cars, retirement accounts, and even bonuses or stocks earned during the marriage.
What doesn’t count?
Property you owned before the marriage usually stays separate. The same goes for inheritances or gifts given to only one spouse, as long as you kept them separate. If you mixed these assets with marital ones—like putting inherited money into a joint account—they may become marital. That’s called “commingling,” and it often leads to disputes.
What about businesses or debts?
If you started a business during the marriage, it’s likely marital property—even if only one spouse ran it. The same applies to debts. If you or your spouse took on debt while married, both of you might share responsibility for it. The court will look at how the money was used and who benefited.
Why classification matters
Once the court decides what’s marital and what’s separate, it splits the marital property fairly—though not always equally. Knowing what counts helps you plan and protects what’s rightfully yours. Keep records, avoid mixing assets, and stay informed throughout the process.