How is property divided after a divorce?
In the state of New York, all property acquired and income earned during a marriage is subject to equitable distribution. Equitable distribution is a process for dispersing property acquired by or owned by either spouse upon the termination of marriage. When distributing property, the courts sort out what is to be considered separate property and what is to be considered marital property. Separate property (property acquired before marriage) usually remains separate and marital property (property acquired during marriage) is distributed equitable between both spouses. The courts will also take into consideration the circumstances surrounding the case and both parties.
